12/17/12                                  FY13 FIRST QUARTER EDITORIAL UPDATES                       8900.1 CHG 21

Volume 1 GENERAL INSPECTOR GUIDANCE AND INFORMATION

CHAPTER 3 INSPECTOR RESPONSIBILITIES, ADMINISTRATION, ETHICS AND CONDUCT

Section 4 Inspector Training Requirements to Perform Job Functions

1-207                    GENERAL. This section provides the system level perspective on ensuring aviation safety inspectors (ASI) have the required training prior to performing job tasks, as necessary.

A.        The Federal Aviation Administration (FAA) assigns each newly hired ASI a specialty position, which becomes the inspector’s primary job. This job forms the basis from which each new hire will be assigned tasks and associated training functions to complete for Flight Standards Service (AFS). The primary specialty positions for which inspectors are hired are:

·              General Aviation Operations (GAOP);

·              Air Carrier Operations (ACOP);

·              General Aviation Airworthiness (GAAW);

·              Air Carrier Airworthiness (ACAW);

·              General Aviation Avionics (GAAV); and

·              Air Carrier Avionics (ACAV).

B.        Inspectors may be hired for these specialties at the field office, regional office, and/or headquarters (HQ). Under most circumstances new inspectors will follow a standard progression path from trainee to journeyman to principal inspector (PI).

1-208          PREREQUISITES. New inspectors will be programmed for initial and ongoing training based on their assigned specialty by Flight Standards Training Division (AFS-500). The inspectors’ initial training is commonly referred to as new hire string training, basic indoctrination training, or initial training. The inspectors’ initial new hire string courses are mandatory and must be completed satisfactorily. All inspectors’ training is facilitated, monitored, and tracked via the FAA’s Training Needs Assessment (TNA) and electronic Learning Management System (eLMS).

1-209          ON-THE-JOB TRAINING (OJT). Newly hired inspectors, and inspectors transitioning to a position that they have not previously received OJT for, are assigned an OJT trainer who is jointly responsible with the inspector for completion of OJT requirements.

A.        The first level of training is familiarization with FAA guidance relevant to a particular task or job.

B.        During the second level the inspector observes a qualified inspector performing the task.

C.        In level three, a qualified inspector observes the trainee perform the task. The OJT training record is certified at each level and signed off when the inspector is competent at performing the task.

D.      The inspector’s official training and OJT records are maintained by AFS for the duration of the inspector’s employment. A copy of the AFS OJT Program Guide is available at: https://employees.faa.gov/org/linebusiness/avs/offices/afs/divisions/hq_region/afs500.

E.        Regional Flight Standards division (RFSD) managers are responsible for ensuring that each of their field offices has implemented an appropriate OJT program designed to meet the needs of the specific office. Each office manager is responsible for designating an OJT program coordinator, instructor, or OJT program manager to develop and monitor the effectiveness of the office’s OJT programs.

F.          Indicates new/changed information. Newly hired or newly assigned inspectors will be considered qualified to complete job functions and/or tasks associated within their specialty when all training requirements, airman qualifications, and certifications have been satisfactorily completed, verified, and documented. For example, the following conditions must be met in order for an Air Carrier Operations ASI to be considered qualified to perform specific job functions without supervision:

1)          Indicates new/changed information. Satisfactory completion of basic indoctrination training;
2)          Additional FAA programmed and specialty training;
3)          Satisfactory completion of an FAA Academy (AMA) or out-of-agency course on that job function, if required; and
4)          Satisfactory completion of all OJT requirements for that job function, in accordance with the current edition of FAA Order 3140.20, Flight Standards Service National Training Program.light Standards Service National Training Program.

Note:            In certain instances the inspector’s manager may authorize the inspector to perform a required job function prior to completing all of the training associated with the inspector’s specialty position assignment.

1-210          STANDARD METHODS USED.

·              AMA Training –Mike Monroney Aeronautical Center (MMAC);

·              Center for Management and Executive Leadership (CMEL);

·              New hire string;

·              Position essential;

·              Continuing development;

·              Decision tree;

·              OJT;

·              Web-based/interactive video teletraining (IVT);

·              Correspondence;

·              On-site facilitation; and

·              Out-of-agency training.

RESERVED. Paragraphs 1-211 through 1-215.

11/27/12                                                                                                                                                                                                                          8900.1 CHG 0

Volume 3 GENERAL TECHNICAL ADMINISTRATION

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

Section 1 Issue a Certificate of Waiver or Authorization—Section 91.311 (Banner Towing)

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

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

3-63                  GENERAL.

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

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

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

D.      Federal Statutory Mandates. See Figure 3-14, PL 108-109, Section 521, Reference Information: Public Laws Associated with Tasks of this Handbook, for guidance regarding applicable statutory mandates for banner tow operations.

Note:            NOTE: This information is subject to change or cancellation.

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

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

G.      Approval or Disapproval.

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

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

I.            Indicates new/changed information. Enhanced Vital Information Database (eVID) Office File. The inspector should establish an operator eVID record of all operators issued certificates, except for those operators issued a certificate for a one-time operation.

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

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

B.        Blocks 3, 4 and 5—Permanent Mailing Address and Pending/Denied Waiver. Applicant should state information as explained on each individual block.

C.        Block 6—14 CFR Sections to be Waived. In many instances the applicant does not know or is not sure which sections of the regulations are involved. A conference with the applicant before acceptance of the application may be necessary.

D.      Block 7—Description of Operations. It is sufficient for the applicant to use the terms “agricultural,” “forest and wildlife,” “aerial surveying,” “patrolling,” or “weather control,” to describe the type of operation. However, the applicant should include detailed information on the type of operation.

E.        Block 8—Area of Operations. A detailed description of any city, town, county, and/or state over which operations will be conducted. For powerline/pipeline operations, the routes must be depicted in cartographic or photographic form. This depiction should include every community, settlement, stadium, or other common gathering place located either side of the route. The depiction should also include the areas where powerlines and phone lines or any other obstructions cross the route.

F.          Indicates new/changed information. Block 9—Time Period. The applicant should list beginning and ending dates for the operation in this block. 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.

G.      Block 10—Aircraft and Pilots. At the time the application for a waiver is submitted, the applicant may not know the names of the pilots or the aircraft to be used in a particular operation. The application may be accepted with a notation in Block 10 that a list will be provided at a later, specified date.

3-65                  CERTIFICATE ISSUANCE.

A.        Inspector Considerations.

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

·              A reliable record of past experience;

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

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

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

B.        Guidelines for Issuance of the Certificate.

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

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

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

D.      Helicopter Banner Towing. The inspector must ensure that means are provided to prevent the banner from becoming entangled in the helicopter’s tail rotor during all phases of flight, including autorotations.

Note:            NOTE: The only way to prevent the banner from tangling in the tail rotor during autorotation may be to jettison the banner.

1)          Part 133 operator may tow a banner using an external-load attaching means without a certificate of waiver. However, the 14 CFR part 133 operator must have at least a Class B authorization on the part 133 operating certificate and comply with part 133 during the aerial advertising operation.
2)          Every banner tow certificate involving the use of a helicopter should include the following special provision: “The provisions of § 91.119(d) are not applicable when operating under the terms of this waiver. Operations over congested areas or open air assemblies of persons must not be lower than 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet and operations elsewhere will be conducted in compliance with § 91.119(c).” Figure 3-8 contains additional, suggested special provisions that may be included with a helicopter banner tow certificate.

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

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

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

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

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

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

3-66                  PREREQUISITES AND COORDINATION REQUIREMENTS.

A.        Prerequisites. This task requires knowledge of FAA policies, the regulatory requirements of 14 CFR parts 61 and 91, and qualification as an ASI (Operations).

B.        Coordination. This task requires coordination with the airworthiness unit and/or the Aircraft Certification Office (ACO).

3-67                  REFERENCES, FORMS, AND JOB AIDS.

A.        References (current editions):

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

·              PTRS Procedures Manual (PPM).

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

B.        Forms:

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

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

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

C.        Job Aids:

·              Sample letters and figures.

·              Banner Tow Operations Job Aid.

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

3-68                  PROCEDURES.

A.        Initial Contact.

1)          Provide the applicant with a copy of FAA Form 7711-2 (see Figure 3-6) and a copy of instructions for completion of FAA Form 7711-2 (See Figure 3-9).
2)          Advise the applicant to complete Blocks 1 through 10 and item 17 and that the application must be submitted in duplicate (the original and one copy) to the FSDO at least 30 days before the planned banner tow operation or 30 days before renewal.

B.        Open PTRS. Make appropriate PTRS entries.

C.        Indicates new/changed information. Review FAA Form 7711-2. Using the information provided by the applicant and the background in section 1, review FAA Form 7711-2 for all pertinent information for the proposed banner tow operation. Accept strikeovers that are minor in nature and initialed by the applicant. Blocks 11 through 16 apply to airshow and air race waiver requests only.

1)          Blocks 1 and 2—Name of Organization/Name of Responsible Person. Ensure that the applicant has indicated the name of the organization or individual applying and the name of a person responsible for matters concerning the application.
2)          Block 3—Permanent Mailing Address. Ensure that the applicant indicates the permanent mailing address of the organization or individual named in Block 1 or 2.
3)          Block 6—14 CFR Sections to be Waived. Ensure that the applicant has listed all sections of the regulations that need to be waived.
4)          Block 7—Description of Operations. Ensure that the applicant has indicated the type of operation to be conducted.
5)          Indicates new/changed information. Block 8—Area of Operations.
a)          Ensure that the applicant has listed specific locations and altitudes of the proposed operation.
b)          Ensure that the area of operation is within the jurisdiction of the district office.
6)          Block 9—Time Period.
a)          Ensure that the applicant has included a beginning date and hour and an ending date and hour for the planned operation.
b)          Ensure that the requested dates do not exceed 24 calendar-months.
7)          Block 10—Aircraft and Pilots. Check for aircraft make and model, pilot names, certificate numbers and ratings, and full home addresses. Block 10 may be accepted with a statement, “A list containing aircraft and pilot information will be furnished on [applicant enters a specific date].”
8)          Block 17—Certification. Ensure that the applicant has signed and dated each page of the application.
9)          Accident/Violation Data Retrieval. Consult the Enforcement Information System/Accident Incident Data System (EIS/AIDS) database for the accident/violation history of the applicant and/or pilots.
10)  Non-Completion of FAA Form 7711-2. If FAA Form 7711-2 has not been completed, perform the following tasks:
a)          Mark the application “Disapproved” and list the reasons for disapproval in the “Remarks” section of FAA Form 7711-2;
b)          Prepare a letter of disapproval (see Figure 3-10) that includes a suspense date for submission of a corrected FAA Form 7711-2;
c)          Retain a copy of the original FAA Form 7711-2 that the applicant submitted for comparison to any subsequent applications; and
d)          Return the application and the letter of disapproval to the applicant.
11)  For Initial Issuance. If FAA Form 7711-2 has been completed and the application is for initial issuance of a certificate to engage in banner tow, conduct a site inspection.
12)  Not for Initial Issuance. If FAA Form 7711-2 has been completed and the application is not for initial issuance, prepare FAA Form 7711-1 (See Figure 3-7).

D.      Pre-Inspection Activities.

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

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

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

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

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

·              The banner panels and their attachments are secure;

·              The tail flag is intact; and

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

5) Attaching Device/Hitch Inspection. Inspect the attaching device or hitch to ensure that:

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

·              The hitch loop fits tightly.

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

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

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

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

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

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

·              Make appropriate PTRS entries.

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

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

H.      FSDO File.

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

·              FAA Form 7711-1 and any special provisions;

·              FAA Form 7711-2;

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

·              Letter of disapproval, if applicable; and

·              Any other correspondence.

2)          Send originals of FAA Form 7711-1, the special provisions, and FAA Form 7711-2 to the operator.

I.            Close PTRS. Make appropriate PTRS entries.

J.          eVID. Establish part 91 operator eVID record.

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

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

·              Disapproval of an application.

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

·              A letter of disapproval.

3-70                  FUTURE ACTIVITIES.

·              Followup site inspection.

·              Reissuance of the Certificate of Waiver or Authorization.

·              Update of part 91 operator eVID entry.

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

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

Figure 3-6.Indicates new/changed information. FAA Form 7711-2, Application for a Certificate of Waiver or Authorization (continued)

Figure 3-6. FAA Form 7711-2, Application for a Certificate of Waiver or Authorization (continued)

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

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

Figure 3-8. Sample of Special Provisions for Banner Tow Operations

All banner tow operations shall be conducted in VFR weather conditions as required by 14 CFR part 91, § 91.155. Operations shall be conducted only between the hours of official sunrise and official sunset.

1. The certificate holder shall obtain the airport manager’s approval to conduct banner tow operations at that respective airport.
2. If the airport involved has an FAA control tower, the holder shall coordinate all banner tow operations and operate in coordination with the FAA control tower during banner tow operations.
3. Appropriate airport officials will be notified in advance when banner tow operations will be in close proximity to an uncontrolled airport.
4. Tow attachment and release mechanisms on the aircraft shall be approved by the FAA.
5. A thorough inspection of the aircraft and special equipment shall be made prior to each day’s operation.
6. Only essential crew members will be carried during banner tow operations.
7. When banner tow operations are conducted around congested areas, due care will be exercised so that, in the event of emergency release of the banner and/or tow rope, it will not cause undue hazard to persons or property on the surface.
8. Banner pickup or banner drop should be in a predesignated area not closer than 500 feet to taxiways, runways, persons, buildings, parked automobiles, and other aircraft whenever possible. If the tow plane lands with the banner attached, due care should be exercised to avoid obstacles and endangering other aircraft in the air or persons, property, or aircraft on the surface.
9. Only the aircraft on the attached list may be used under the terms of this certificate while being flown by the pilot(s) listed. The certificating FSDO must be notified in writing of any changes to the attached lists at least 5 days in advance of the first date the aircraft or pilot is scheduled to operate.
10. For nonrevenue flights, the pilot of the tow aircraft shall hold at least a valid private pilot certificate and have a minimum of 200 hours pilot-in-command (PIC) time.
11. For operations outside the geographic area of the issuing FSDO or operating in another FSDO’s jurisdiction under a “Contiguous United States” authorization, the operator will coordinate with the appropriate jurisdictional FSDO in advance. If there are special provisions for the added geographic area, those provisions will be added to those originally issued by the original certificating FSDO. The operator will comply with all special provisions attached to its authorization.
12. A current copy of the following is to be carried onboard all aircraft:

·              Certificate of Waiver or Authorization, and

·              List of all approved pilots and aircraft.

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

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

Indicates new/changed information. PREPARING FAA FORM 7711-2.

Blocks from FAA Form 7711-2 are explained below for the purpose of uniformity of use. However, not all Blocks on the form may be applicable to the application request for the banner tow operation. Blocks 11 through 16 apply to airshow and air race waiver requests only.

a.          Blocks 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 block 1. Your name and title or position, as the organization’s representative, for application purposes should appear in Block 2. If you are not representing an organization, the term “N/A” should be entered in Block 1 and your name in Block 2.

b.          Block 3Permanent Mailing Address. Self-explanatory.

c.            Block 4—Pending Waiver application. Self-explanatory.

d.          Block 5Denial and/or Withdrawal of Previous Application. Self-explanatory.

e.          Block 614 CFR Section and Number To Be Waived. All applicable 14 CFR sections and numbers that are to be waived for the operation to be conducted must be listed in this block. If you are unsure which 14 CFR sections will need to be waived, contact the FSDO for guidance.

f.              Block 7—Detailed Description of Proposed Operations. It is sufficient to use the term “pipeline patrol,” “powerline patrol,” etc., for a description. However, additional detailed information may be included.

g.          Block 8—Area of Operation. A detailed description of any city, town, county, and/or state over which the operations will be conducted and the minimum altitude essential to accomplish the operation should be included in this block. The routes for powerline/‌pipeline operations must be depicted in cartographic or photographic form. This depiction should include every community, settlement, stadium, or other common gathering place located either side of the route. The depiction should also include the areas where powerlines and phone lines or any other obstructions cross the route.

h.           Block 9—Time Period. List the beginning dates and hours and the ending dates and hours the operation will be conducted. Maximum time period for operations is 24 calendar-months (e.g., June 12, 1996 to June 30, 1998), except for NAFTA operations, in which the maximum time period for operations is 12 calendar-months. The application should be submitted to the FSDO at least 45 days before the beginning date of the operation. For a onetime operation, consideration should be given to alternate dates. A request for alternate dates may prevent a delay and/or unnecessary paperwork. These alternate dates should be included in this block.

i.              Block 10Aircraft Make and Model. List the names of all pilots, their certificate numbers and ratings, full home address, and all aircraft by make and model that will be used in the operation. If the type of aircraft and/or the names of the pilots are not known at the time the application is submitted, the FAA will accept the application with the statement, “A list containing aircraft and/or pilot information will be furnished on [insert date.]”

j.              Block 11Sponsorship. Not required.

k.          Block 12Permanent Mailing Address of Sponsor. Not required.

l.              Block 13Policing. Not required.

m.      Block 14Emergency Facilities. Not required.

n.          Block 15Air Traffic Control. Not required.

o.          Block 16Schedule of Events. Not required.

p.          Block 17Certification. As the applicant or an organization’s representative, you must sign in this block and on each page of the application.

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

FAA Letterhead

[date]

[name of applicant]

[address of applicant]

[city, state, zip code]

Dear [name of applicant]:

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

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

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

Sincerely,

[POI’s signature]

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

Operator Name _________________________________________________________________

Base of Operation           ____________________________________________________________

Name of Pilot __________________________________________________________________

Certificate Number         ____________________________________________________________

Aircraft Type _________________________ Aircraft N-number _________________________

Initial Application ___________ Surveillance ________________ Date Completed __________

Check

S

U

N/A

1. FSDO Application File

 

 

 

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

 

 

 

Make/Model

N-number

 

 

 

Make/Model

N-number

 

 

 

Make/Model

N-number

 

 

 

Make/Model

N-number

 

 

 

Make/Model

N-number

 

 

 

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

 

 

 

Certificate Grade

Number

 

 

 

Certificate Grade

Number

 

 

 

Certificate Grade

Number

 

 

 

Certificate Grade

Number

 

 

 

Certificate Grade

Number

 

 

 

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

 

 

 

2. Check Pilot/Operator

 

 

 

a. Certificate appropriate to operation

 

 

 

b. Medical certificate appropriate to the certificate

 

 

 

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

 

 

 

3. Aircraft Inspection

 

 

 

a. Manual

 

 

 

b. Certificate and documents

 

 

 

Registration

 

 

 

Airworthiness

 

 

 

Special Limitations (Restricted)

 

 

 

c. Hitch and release mechanism

 

 

 

d. Hitch installation documentation

 

 

 

e. Sign mounting and light operation

 

 

 

f. Placards (Restricted category)

 

 

 

REMARKS:

 

Figure 3-12. Sample Letter of Disapproval

FAA Letterhead

[date]

[name of applicant]

[address of applicant]

[city, state, zip code]

Dear [name of applicant]:

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

[List all the discrepancies found during the inspection.]

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

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

Sincerely,

[POI’s signature]

Figure 3-13. Banner Tow Operations Job Aid

BANNER TOW PILOT TRAINING

NAME OF OPERATOR:

 

PILOT’S NAME:

 

GROUND

Aircraft Type

 

Date

Instructor

Fuel System

 

 

Aircraft Speeds

 

 

Preflight Procedures, including:

 

 

Banner procedures

 

 

Release mechanism

 

 

Banner assembly and layout

 

 

Part 91

 

 

Part 61

 

 

Certificate of Waiver Special Provisions

FLIGHT

Full Stalls (if appropriate)

 

 

Flight at Critically Slow Airspeeds

 

 

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

 

 

Emergency Procedures

1) Failure of banner release system

2) Loss of rudder control

3) Partial power loss

4) Engine failure with banner

 

 

Total Ground Hours

Total Flight Hours

Pilot’s

Signature _________________

Date _________________

Certificate No. _________________

Instructor’s

Signature _________________

Date _________________

Certificate No. _________________

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

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

After the terrorist attacks of September 11, 2001, FAA issued Notices to Airmen (NOTAM) restricting flight access to certain airspace. In February 2003, the United States Congress passed a public law effectively prohibiting aerial advertising flights at certain events, stadiums, or other venues during specified times. The law prohibited certain operations within specified airspace limits. Then it rescinded waivers for the specified events. Finally, it permitted certain operators who met specified conditions to reapply for a waiver for non-banner tow operations at the listed events. The law was effective for one year. In January 2004, Congress, in Public Law 108-109, Title V, Section 521 January 23, 2004 in Title V General Provisions, Section 521, extended those restrictions indefinitely. The following is a reprint of Section 521:

Sec. 521.

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

(1) shall, without regard to any fiscal year limitation, maintain in full force and effect the restrictions imposed under Federal Aviation Administration Notices to Airmen FDC 3/2122, FDC 3/2123, and FDC 2/0199; and
(2) may not grant any waivers or exemptions from such restrictions, except
(A) as authorized by air traffic control for operational or safety purposes;
(B) with respect to an event, stadium, or other venue

(i) for operational purposes;

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

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

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

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

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

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

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

RESERVED. Paragraphs 3-71 through 3-85.

 

11/27/12                                                                                                                                           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 (see Figure 3-15), is a multi-purpose form used to apply for FAA Form 7711-1, Certificate of Waiver or Authorization (See Figure 3-16). All Blocks 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.          Indicates new/changed information.  Enhanced Vital Information Database (eVID) Office File. The inspector should establish an operator eVID record of all operator issued waivers for a 12 calendar-month period, i.e., industrial operator with a lighted advertising sign. However, an eVID 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:            Indicates new/changed information. 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 (FA 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 Blocks 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.        Indicates new/changed information. Blocks 1 and 2. If the applicant is a representative of an organization, the organization’s name should appear in Block 1. The name of the individual and his/her position or authority to represent the organization (e.g., the “responsible person”) should appear in Block 2. If the applicant is not representing others, the term “N/A” should be entered in Block 1 and the applicant’s name entered in Block 2.

B.        Blocks 3, 4 and 5. Applicant should state information as explained on each individual block.

C.        Block 6. In many instances the applicant does not know or is not sure which sections of the regulations are involved. A conference with the applicant before acceptance of the application may be necessary.

D.      Block 7. It is sufficient for the applicant to use the terms “agricultural,” “forest and wildlife,” “aerial surveying,” “patrolling,” or “weather control,” to describe the type of operation. However, the applicant should include detailed information on the type of operation.

E.        Block 8. A detailed description of any city, town, county, and/or state over which operations will be conducted. For powerline/pipeline operations, the routes must be depicted in cartographic or photographic form. This depiction should include every community, settlement, stadium, or other common gathering place located either side of the route. The depiction should also include the areas where powerlines and phone lines or any other obstructions cross the route.

F.          Block 9. The applicant should list beginning and ending dates for the operation in this block. 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.

G.      Block 10. At the time the application for a waiver is submitted, the applicant may not know the names of the pilots or the aircraft to be used in a particular operation. The application may be accepted with a notation in Block 10 that a list will be provided at a later, specified date.

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 (See Figure 3-15).
2)          Indicates new/changed information. Advise the applicant to complete Blocks 1 through 10 and Block 17 on FAA Form 7711-2. Blocks 11-16 are not required.
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)          Indicates new/changed information. Blocks 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)          Block 3—Permanent Mailing Address. Ensure that the applicant indicates the permanent mailing address of the organization or individual named in Block 1.
3)          Block 4—Pending Waiver Application. Self-explanatory.
4)          Block 5—Denial and/or Withdrawal of Previous Application. Self-explanatory.
5)          Indicates new/changed information. Block 6—14 CFR Sections to be Waived. Ensure that the applicant has listed the applicable 14 CFR sections that need to be waived.
6)          Block 7—Description of Operations. Determine that the applicant has indicated the type of operation to be conducted under the waiver.
7)          Block 8—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.
8)          Block 9—Time Period. Check for a beginning and ending date for the operation.
9)          Block 10—Aircraft and Pilots. Check for aircraft make and model, pilot names, certificate numbers and ratings, and full home address. Block 10 may be accepted with a statement, “A list containing aircraft and pilot information will be furnished on [applicant enters a specific date].”
10)  Block 17—Certification. Ensure that the applicant has signed and dated the application.
11)  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 (See 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.      Indicates new/changed information. Close PTRS. Make appropriate PTRS entries.

H.      eVID. Establish a part 91 operator eVID 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

·              Indicates new/changed information. Part 91 Operator eVID 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

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

Indicates new/changed information. Figure 3-15. FAA Form 7711-2, Application for a Certificate of Waiver or Authorization (continued) Figure 3-15. FAA Form 7711-2, Application for a Certificate of Waiver or Authorization (continued)

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

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

Figure 3-17. Instructions for Completing FAA Form 7711-2

Indicates new/changed information. 1. PREPARING FAA FORM 7711-2. Blocks from FAA Form 7711-2 are discussed below for purposes of clarity and uniformity of its use. Blocks 11 through 16 apply to air show and air race waiver requests only.

q.          Blocks 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 block 1. Your name and title or position, as the organization’s representative, for application purposes should appear in Block 2. If you are not representing an organization, the term “N/A” should be entered in Block 1 and your name in Block 2.

r.            Block 3—Permanent Mailing Address. Self-explanatory.

s.            Block 4—Pending Waiver Application. Self-explanatory.

t.              Block 5—Denial and/or Withdrawal of Previous Application. Self-explanatory.

u.          Block 6—14 CFR Section and Number To Be Waived. All applicable 14 CFR sections and numbers that are to be waived for the operation to be conducted must be listed in this block. If you are unsure which 14 CFR sections will need to be waived, contact the FSDO for guidance.

v.          Block 7—Detailed Description of Proposed Operations. It is sufficient to use the term “pipeline patrol,” “powerline patrol,” etc., for a description. However, additional detailed information may be included.

w.        Block 8—Area of Operation. A detailed description of any city, town, county, and/or state over which the operations will be conducted and the minimum altitude essential to accomplish the operation should be included in this block. The routes for powerline/pipeline operations must be depicted in cartographic or photographic form. This depiction should include every community, settlement, stadium, or other common gathering place located either side of the route. The depiction should also include the areas where powerlines and phone lines or any other obstructions cross the route.

x.          Block 9—Time Period. List the beginning dates and hours and the ending dates and hours the operation will be conducted. Maximum time period for operations is 24 calendar-months (e.g., June 12, 1996 to June 30, 1998), except for NAFTA operations, in which the maximum time period for operations is 12 calendar-months. The application should be submitted to the FSDO at least 45 days before the beginning date of the operation. For a onetime operation, consideration should be given to alternate dates. A request for alternate dates may prevent a delay and/or unnecessary paperwork. These alternate dates should be included in this block.

y.          Block 10—Aircraft Make and Model. List the names of all pilots, their certificate numbers and ratings, full home address, and all aircraft by make and model that will be used in the operation. If the type of aircraft and/or the names of the pilots are not known at the time the application is submitted, the FAA will accept the application with the statement, “A list containing aircraft and/or pilot information will be furnished on [insert date.]”

z.             Block 11—Sponsorship. Not required.

aa.  Block 12—Permanent Mailing Address of Sponsor. Not required.

bb.  Block 13—Policing. Not required.

cc.    Block 14—Emergency Facilities. Not required.

dd.  Block 15—Air Traffic Control. Not required.

ee.  Block 16—Schedule of Events. Not required.

ff.        Block 17—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.

 

11/27/12                                                                                                                                          8900.1 CHG 85

Volume 3 GENERAL TECHNICAL ADMINISTRATION

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

Section 1 Issue a Certificate of Waiver or Authorization for an Aerobatic Practice Area or an Aerobatic Contest Box

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

A.        Aerobatic Practice Areas. Enter 1232 in the activity code box of the PTRS Data Sheet and AP in the National Use Box.

B.        Aerobatic Contest Box. Enter 1233 in the activity code box of the PTRS Data Sheet and AC in the National Use box.

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

Note:              As per Volume 1, Chapter 1, Section 1, subparagraph 1-3C of this handbook, no regional supplements to aviation event policy are permitted.

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

A.        Background. Background and special provisions unique to evaluating an application and issuing a waiver for aerobatic practice areas or aerobatic contests include the requirements for the application process, the issuance of the waiver, and the surveillance of the activity. These special provisions can be found in paragraphs 3-119 and 3-120 below.

1)          A separate set of suggested special provisions that may be used for each type of waiver is included.
2)          Indicates new/changed information. Paragraphs 3-118 through 3-120 also outline the requirements necessary to establish and use either an aerobatic practice area or an aerobatic contest box.
3)          Waivers are issued for specific activities in these two airspace areas.
a)          An aerobatic practice area is established for the purpose of practicing aerobatic skills.
b)          The aerobatic contest box is established for the sole purpose of conducting competitive aerobatic demonstrations in accordance with the rules, procedures, and practices of the International Aerobatic Club.
4)          Indicates new/changed information. The user of an aerobatic practice area or an aerobatic contest box is not required to hold an FAA Form 8710-7, Statement of Acrobatic Competency.
5)          Each activity requires a waiver with attendant special provisions appropriate to the site and the activity.

B.        Procedures. Subparagraphs 3-119A and 3-120B contain specific procedures for the processing and issuance of waivers for aerobatic practice areas and contest boxes.

C.        Regulatory Authority. The regulatory authority for the issuance of waivers of Title 14 of the Code of Federal Regulations (14 CFR) part 91 for aerobatic practice areas and aerobatic contest boxes is based on the authority vested in the Department of Transportation (DOT) by Title 49 of the United States Code (49 U.S.C.). The regulations contained in part 91 are actually the responsibility of AT control (ATC). However, certain portions of these regulations have been delegated to the Flight Standards Service for oversight and enforcement in accordance with FAA Order JO 7210.3, Facility Operation and Administration, Part 6, Chapter 18, Paragraph 18-1-3. Even though the mandate to designate and supervise operations within waivered airspace is within Flight Standards purview, all airspace waivers are fully coordinated with AT to ensure safety of flight in the National Airspace System (NAS) and may be issued up to, but may not exceed, 24 calendar-months. Requests for waivers and authorizations are processed by the appropriate local Flight Standards District Office (FSDO). The final approval of the waiver or authorization is the responsibility of the FSDO manager who has jurisdiction over the geographic area in which the terms of the waiver or authorization are to be exercised.

D.      Application. Applications for a Certificate of Waiver are processed, approved, and issued by the FSDO. FAA Form 7711-2 (see Figure 3-19) is used by applicants to apply for a waiver for aerobatic contest boxes or for aerobatic practice areas.

1)          Aerobatic Contest Box. When applying for an aerobatic contest box:
a)          The applicant will use FAA Form 7711-2.
b)          The application form should be submitted 60 days or more prior to the contest to allow for sufficient processing time.
c)          The FSDO will process the application for a contest within 30 days of receipt.
d)          Because thorough planning has a direct bearing on the success and safety of an aerobatic practice area or contest box the applicant should be encouraged to develop an effective plan that covers all facets of the coordination and use of the practice area or contest box. The inspector should assist the waiver applicant by discussing the following:

·              Proper site selection (controlled and uncontrolled airports, or other sites suitable for aerobatics),

·              The size, scope, and. location of the contest,

·              The category of competitors,

·              A plan for spectator control (if appropriate), and

·              The preparation of Notices to Airmen (NOTAM).

2)          Aerobatic Practice Area. There are short term and long term practice areas.
a)          Short term aerobatic practice areas:

·              Use FAA Form 7711-2 to apply,

·              Are associated with an aviation event or aerobatic contest,

·              Are less than 10 days in duration, and

·              Do not require environmental considerations.

b)          Long term aerobatic practice areas:

·              Are from 10 days to no more than 24 calendar-months in duration,

·              Require an Environmental Assessment (EA) in accordance with FAA Order 1050.1E,

·              May use FAA Form 7711-2 to apply, however, to expedite the processing time, should use the Environmental Information Document (EID) (found at: http://www.faa.gov/about/office_org/headquarters_offices/avs/offices/afs/afs800/programs/media/aerobatic_environmental.doc) in lieu of FAA Form 7711-2, and

·              Inspectors will review and follow the processing instructions listed in the EID found on the Web site listed above.

3)          Review of FAA Form 7711-2 or EID. Upon receipt, FAA Form 7711-2 or EID should be reviewed for discrepancies. If discrepancies exist, a meeting with the applicant may be helpful in resolving them. The information submitted by the applicant on the FAA Form 7711-2 or EID must not be altered by the issuing office.

Note:              The National Environmental Policy Act of 1969 (NEPA) requires all federal agencies to assess the potential environmental impacts of proposed federal actions. In order to meet these requirements, the FAA conducts a NEPA review of proposed aerobatic practice areas where required by FAA’s environmental compliance document FAA Order 1050.1E.

Note:              Although not required, applicants may receive assistance with the application documentation for an aerobatic practice area by contacting the International Aerobatic Club (IAC), a division of the Experimental Aircraft Association (EAA). The FAA does not require any applicant to be a member of EAA or IAC but does recognize their expertise in this area.

E.        Approval. Waivers are processed and issued by the FSDO on FAA Form 7711-1 (See Figure 3-20).

1)          Indicates new/changed information. The waivers are approved upon satisfactory review of the application for an aerobatic contest box or short term aerobatic box. A long term aerobatic box approval will require an EA with a finding of no significant impact by the Regional Environmental Specialist in accordance with the instructions found in the EID.
2)          Waivers are signed by the FSDO manager or a delegated representative (e.g., “acting manager”) to indicate the approval of the application.

3-119          AEROBATIC PRACTICE AREAS. Pilots who wish to practice aerobatic maneuvers that do not meet the requirements of § 91.303 must obtain a waiver from the appropriate part(s) of § 91.303 in a designated area referred to as an aerobatic practice area. These areas are not to be considered event or competition sites. The aviation community uses these practice areas to establish and maintain proficiency as well as to enhance competitive skills in aerobatic maneuvers. Aerobatic practice areas are established by the waiver applicant in conjunction with the local FSDO and may have dimensions of several miles in various directions or be as small as a contest box. Inspectors should be receptive to establishing these areas, consistent with safety regulations and in compliance with current guidance found in FAA Order 8900.1 and associated publications. It is imperative that the safety of all nonparticipating aircraft be considered when issuing a Certificate of Waiver for an aerobatic practice area.

A.        Waivers. When a waiver is issued for an aerobatic practice area, it generally includes provisions for:

1)          Aerobatic flight below 1,500 feet above ground level (AGL).
2)          Other portions of § 91.303 which may be waived if the proposed operation involves a Federal airway or Class B, C, D, or E airspace designated for an airport.
3)          Applicants for aerobatic practice areas located directly over or in the immediate vicinity of an airport, although not required, should coordinate the planned activity with airport management. This is in keeping with a “good neighbor” policy and provides a means for addressing potential aviation safety concerns. The issuing FSDO will review, verify, and evaluate any potential safety concerns and modify the special provisions attached to the Certificate of Waiver accordingly to address these concerns.
4)          Applying the NEPA process, per the guidance in this chapter and AFS-800 environmental information Web site (http://www.faa.gov/about/office_org/headquarters_offices/avs/offices/afs/afs800/programs/media/aerobatic_environmental.doc). This is to ensure that all required environmental impacts are considered when deciding where a proposed aerobatic practice area should be located. The waiver applicant should consider coordinating with the landowners and residents where aerobatic flight is planned to be conducted.
5)          Waivers requested for areas which are designated as environmentally sensitive, as defined in Advisory Circular (AC) 91-36, Visual Flight Rules ( VFR) Flight Near Noise-Sensitive Areas (current edition), must be coordinated with the appropriate federal and/or state agency.

B.        Definitions.

1)          Aerobatic Flight. The provisions of § 91.303 constitute the definition of aerobatic flight.
2)          Aviation Event. Aviation events include air shows, closed-course air races, certain parachute demonstration jumps, fly-ins, balloon meets, and competitions that are conducted before an invited assembly of persons. Aerobatic competitions are not considered to be aviation events since the public is not invited (See FAA Order 8900.1, Volume 3, Chapter 6, Section 1, Issue a Certificate of Waiver or Authorization for an Aviation Event).
3)          Inspector-in-Charge (IIC). The aviation safety inspector (ASI) (Operations) who is assigned the responsibility of issuing the waiver and conducting ongoing surveillance of the aerobatic practice area.
4)          Responsible Person. The person named in Block 2 on the FAA Form 7711-2 or Section 1 of the EID and noted in the “Issued To” Block of FAA Form 7711-1 or EID.

C.        Indicates new/changed information. Scope of Waivers. Waivers of part 91 and the attendant special provisions to those waivers may vary in scope, depending on the regulations that an applicant requests to be waived.

1)          Some aerobatic maneuvers may require only a waiver of § 91.303(e) to permit aerobatic flight at less than 1,500 feet AGL. Others may require the waiver of speed limitations, minimum safe altitudes, operations in controlled airspace, or specific prohibitions while operating in the vicinity of an airport.
2)          The following approved sections of the part 91 that are commonly waived for aerobatic contests and/or aerobatic practice areas: §§ 91.117, 91.119, 91.127, 91.129, 91.130, 91.131, and 91.303, depending on the location, congestion, and complexity of the area in which aerobatics will take place. For a complete list see § 91.905.
3)          Waivers of the basic VFR weather minimums specified in § 91.155 may be considered only in areas where the entire aerobatic maneuvering area is totally within Class B, C and D airspace or a temporary flight restriction.

D.      Regulations That May Not Be Waived.

1)          Indicates new/changed information. Section 91.119(a) and (b) may not be waived at any time for an aerobatic practice area.
2)          Section 91.151 may not be waived for any operations conducted in an aerobatic practice area. However, the IAC holds an exemption for fuel required during flight in VFR conditions. This exemption applies only during the conduct of officially sanctioned aerobatic contests and associated practices.

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

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

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

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

1)          As mentioned in 3-118 D, environmental issues are not considered for temporary aerobatic practice areas of ten consecutive days or fewer in duration associated with an aviation event or contest.
2)          Some of the parameters to consider in establishing this temporary practice area are:
a)          The actual event or contest site may be suitable as a temporary practice area if it is a controlled environment and there will be no conflict with other nonparticipating aircraft. Effective times must be thoroughly coordinated with the pertinent AT facilities before approval and issuance of the waiver.
b)          The temporary practice area should be established no more than 30 miles from the actual contest or event site.
c)          All coordination required for establishing a (regular) aerobatic practice area should also be accomplished for preparation of a temporary aerobatic practice area.
d)          The responsible person must control access to the temporary aerobatic practice area, and only those persons performing in the contest or event should be permitted to use the area.
e)          The physical parameters of the temporary practice area should be large enough to encompass all of the maneuvers that will be performed in the actual contest or event.
f)              Indicates new/changed information. The responsibility for site selection, coordination, approvals, application, and oversight of the temporary aerobatic practice area rests solely with the event or contest responsible person.
3)          It is the responsibility of the event or contest responsible person to coordinate the use of these established practice areas. If practice time is not available at the event or contest site, it is incumbent upon the event or contest responsible person to request a temporary aerobatic practice area. The inspector preparing the waiver may suggest that one be established. This would be more common for events than contests.

H.      Special Provisions. The following are samples of common special provisions that may be used when issuing a Certificate of Waiver for an aerobatic practice area. Special provisions contained in other chapters are usually inappropriate for aerobatic practice areas. If additional special provisions are to be added, the concurrence of the regional or national air show coordinator is required. Material in brackets [ ] indicate where the FSDO must insert information specific to the waiver being sought.

1)          Aerobatic flight shall be confined to the area designated on the pictorial chart (satellite photographs may be substituted for topographic charts and are available on Web sites, e.g., Google Earth, maps.google.com, Map Quest, etc.) attached to the Certificate of Waiver and defined in special provision 2. A definitive pictorial chart or photograph of the underlying area should be attached to the application and the approved waiver.
2)          The aerobatic practice area is further defined as follows: (This item should contain a literal description of the entire practice area, including all delineating boundaries and the altitudes for each specific section of the practice area.)
3)          No aerobatic maneuvers may be performed over or within 500 feet laterally from any open air assembly of persons or congested area of any city, town, or settlement.
4)          No person may operate an aircraft in aerobatic flight when the visibility is less than (number) miles or a ceiling less than [number] feet.
5)          Indicates new/changed information. Before commencing aerobatic flight operations, the person(s) authorized to activate and deactivate the aerobatic practice area shall be responsible for advising the [name of flight service station (FSS) and telephone number] of the activity and requesting that a NOTAM that includes the following information be issued:
a)          The location, dates, and times the aerobatic activity will be in effect.
b)          If appropriate, the runway(s) that will be closed during the aerobatic activities.
6)          All certificates of waiver granting relief from appropriate sections of part 91 must also contain guidance stipulating that the person(s) responsible for activation of the aerobatic practice area provide the controlling FSS with a copy of the Certificate of Waiver at least 48 hours before activation of the NOTAM. For certificates of waiver that are issued on a long-term basis, additional wording should be included advising the holder to ensure that the FSS keeps the waiver on file for future NOTAM activation.
7)          Notification shall be made to the [name of AT facility or FSS and telephone number] at least 30 minutes before the beginning of aerobatic activity in the practice area, or, if a letter of agreement exists, notification shall be made as specified in that document. The [name of facility] shall also be notified at the termination of aerobatic activities.
8)          The person(s) authorized to activate and deactivate the aerobatic practice area described in special provision 2 is [name of the person(s) to whom the waiver is issued or the person(s) delegated by the waiver holder].
9)          The person named in special provision 8 shall also be responsible for the following:

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

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

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

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

3-120          Indicates new/changed information. AEROBATIC CONTEST BOXES. A general overview of the aerobatic contest box is contained in Figure 3-21 and depicts the dimensions of the area for powered and unpowered aircraft engaged in competitive aerobatics.

A.        Definitions.

1)          Aerobatic Contest Box. A block of airspace 3,300 feet long, 3,300 feet wide and having an upper limit of 3,500 feet AGL (4,000 feet for gliders). The lower limit of the box is 1,500 feet for Primary and Sportsman Categories, 1,200 feet for Intermediate, 800 feet for Advanced and 328 feet for the Unlimited Category. For Gliders, the lower limit of the box is 1,500 feet AGL for Sportsman Category, 1,200 feet for the Intermediate Category, and 600 feet for the Unlimited Category. The IIC should consider the waivered air space requirement for a contest normally to be a 1 statute mile (sm) box (1 sm x 1 sm x 1 sm) starting at the surface or may be depicted as a radius around a point 1. This allows for all categories and provides a buffer zone around the competition box.
2)          Chief Judge. At an aerobatic contest, the person assigned as the primary judge of one or more categories of competition. The chief judge does not actually judge the competitors, but helps to ensure the safety of competitors within the contest box. The chief judge is assisted by numerous other persons located on the ground and/or in the immediate vicinity of the contest box.
3)          Chief Technical Monitor. Person assigned duties by the contest director to perform a technical inspection of each competing aircraft and its equipment. The chief technical monitor should hold an airframe and power plant certificate; however, this position may be filled by the contest director with the “best qualified” person available.
4)          Competition Categories. There are different competition categories for powered aircraft and gliders. These categories are defined by IAC official contest rules.
5)          Contest Director. At an aerobatic contest, the person who acts as the general manager of the overall event and is responsible for all safety related issues. The contest director may delegate specific duties, functions, and authority but must retain complete accountability for the safety of the event. The contest director may also be the person who is designated by the FAA to monitor the event. The contest director ensures that all participants comply with all rules set forth in the IAC rules book as well as the provisions of the Certificate of Waiver.
6)          Inspector-in-Charge (IIC). The ASI (Operations) who is assigned the responsibility of issuing the waiver and monitoring the aerobatic contest box, as deemed necessary by the FSDO manager, to determine compliance with the applicable 14 CFR sections.
7)          Participant. Any individual and/or pilot specifically involved with, or participating in, the waivered aerobatic activities.
8)          Indicates new/changed information. Safety Director. The person who reports directly to the contest director and is responsible for flight and ground safety.

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

1)          Section 91.119(a) and (b) may not be waived at any time for an aerobatic contest box.
2)          Section 91.151 may not be waived. However, the IAC holds an exemption for minimum fuel required during flight in VFR conditions. This exemption applies only during the conduct of an officially sanctioned aerobatic contest and associated practices.

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

D.      Indicates new/changed information. Special Provisions. The following special provisions are listed below to provide a sample of common special provisions that should be used (only those that are appropriate) when issuing a waiver for an aerobatic contest box. Special provisions not appearing in this section should not be used without the concurrence of the regional or national air show coordinator. Material in brackets [ ] indicate where the FSDO, with the help of the contest director or representative, must insert information specific to the waiver being sought.

1)          The aerobatic competition area that these special provisions pertain to is depicted and described on attachment [attachment number] to this Certificate of Waiver.
2)          This waiver is not valid if the in-flight visibility is less than 3 sm or the ceiling, if a ceiling exists, is less than 3,000 feet AGL. Flight operations shall be conducted in accordance with § 91.155.
3)          Indicates new/changed information. The contest director is responsible for ensuring that [ATC facility] is notified by telephone [ATC primary telephone number] or [ATC backup telephone number] at least 30 minutes before operations begin and again when the flight activity has been terminated.
4)          Indicates new/changed information. Before commencing aerobatic flight operations, the contest director is responsible for advising the [name of FSS and telephone number] of the activity and for requesting that a NOTAM that will ensure wide dissemination and include the following information, appropriate to the operation, be issued:
a)          The location, dates, and times the aerobatic activity will be in effect.
b)          When appropriate, runway(s) that will be closed during the aerobatic activities. (This information must also be included in the traffic advisory to non-participating aircraft.)
c)          Allowing touch-and-go landings during the times the NOTAM is in effect must be coordinated and agreed upon by the waiver holder and the airport manager. (This information must also be included in the traffic advisory to non-participating aircraft.)
d)          Indicates new/changed information. All traffic at [name of airport] will use [specific traffic pattern information] when landing on or taking off from [list runway(s)] while the NOTAM is in effect. (This information must also be included in the traffic advisory.)
5)          All certificates of waiver granting relief from appropriate sections of part 91 must also contain guidance stipulating that the person(s) responsible for activation of the aerobatic contest box provides the controlling FSS with a copy of the Certificate of Waiver at least 48 hours before activation of the NOTAM.
6)          Aerobatics shall only be conducted between the hours of official sunrise and sunset.
7)          Each aircraft operating within the aerobatic contest box must be appropriately equipped to maintain continuous radio reception with the chief judge.
8)          The holder of the waiver should obtain the permission of the [name of airport] manager to conduct aerobatic activities and, in addition, ensure that the airport management fully understands and will abide by the terms and conditions of the Certificate of Waiver. However, permission of the airport management is not required for the waiver.
9)          Aerobatics are limited to those aircraft and pilots who are approved by the holder of the Certificate of Waiver or a designated representative. The contest director is responsible for ensuring that:
a)          Each aircraft competing in the aerobatic competition has the appropriate documents necessary to show current registration and airworthiness;
b)          Each pilot participating in the aerobatic competition is properly certificated and possesses the currency and/or endorsements appropriate to the flight operation being conducted; and
c)          Before any waivered aerobatic operation, each pilot participating in the aerobatic competition receives a briefing from the waiver holder or designated representative. This briefing must include the terms of the waiver, the confines of waivered airspace, and any special limitations or procedural considerations contained therein.

Note:              Indicates new/changed information. See subparagraph 3-120A, 5) above regarding delegation of authority by the contest director.

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

E.        Indicates new/changed information. Additional Special Provisions. The following special provisions are issued to a waiver holder for an aerobatic contest box established at an uncontrolled airport where a runway remains open during competition. These provisions should be copied with as little editing as possible to fit a unique or individual need. The provisions should be used as appropriate to the type of scenario encountered. Any additions or significant changes must have the concurrence of the regional or national air show coordinator.

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

F.          Indicates new/changed information. Aerobatic Competition Not Sanctioned by the IAC. The following special provision will be issued to a waiver holder conducting an aerobatic competition that is not sanctioned by the IAC, excluding competitive flying displays at aviation events conducted in accordance with a Certificate of Waiver issued under the provisions of Volume 3, Chapter 6, Section 1.

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

Note:              The minimum altitudes for each competition category are also defined in subparagraph 3-120 A.1).

3-121          PREREQUISITES AND COORDINATION REQUIREMENTS.

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

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

3-122          REFERENCES, FORMS, AND JOB AIDS.

A.        References (current editions):

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

·              FAA Order JO 7210.3, Facility Operation and Administration, Part 6, Chapter 18, Paragraph 18-1-3.

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

·              AC 91-36, Visual Flight Rules (VFR) Flight Near Noise-Sensitive Areas.

·              PTRS Procedures Manual (PPM).

B.        Forms:

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

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

·              FAA Form 8000-36, PTRS Data Sheet.

C.        Job Aids. Sample figures.

3-123          PROCEDURES.

A.        Aerobatic Practice Area.

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

·              FAA Form 7711-1 and attendant special provisions;

·              FAA Form 7711-2 or EID;

·              Results of Environmental Review by Regional Specialist;

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

·              Documentation of ATC coordination.

10)              Send the applicant the originals of FAA Forms 7711-1 and 7711-2 or EID and the attendant special provisions.
11)              Send a copy of both forms with all attachments to the Regional Office.
12)              Make appropriate PTRS entries to include the entry in the “National Use” box.
13)              Prepare an office file with copies of all forms.

B.        Aerobatic Contest Box.

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

·              FAA Form 7711-1 and attendant special provisions;

·              FAA Form 7711-2;

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

·              Documentation of ATC coordination.

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

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

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

·              Disapproval of an application for a Certificate of Waiver with the reasons for the disapproval noted on the reverse side of the form in the “Remarks” block; and

·              The FSDO will process applications for aerobatic contests within 30 days of receipt.

3-125          FUTURE ACTIVITIES.

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

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

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

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

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

Figure 3-19.Indicates new/changed information. FAA Form 7711-2, Application for a Certificate of Waiver or Authorization (continued)

Figure 3-19. FAA Form 7711-2, Application for a Certificate of Waiver or Authorization (continued)

 

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

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

 

Figure 3-21. Aerobatic Contest Box for Airplanes

Figure 3-21. Aerobatic Contest Box for Airplanes

 

Figure 3-22. Sample Briefing Signature Page

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

1. CONTEST DIRECTOR: ______________________________________________________________

2. CHIEF JUDGE: ______________________________________________

3. SAFETY DIRECTOR: ______________________________________________________________

4. UNICOM MONITOR: ______________________________________________________________

PARTICIPANTS:

FULL NAME (PRINTED)

SIGNATURE

AIRCRAFT REGISTRATION

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

RESERVED. Paragraphs 3-126 through 3-140.

 

11/27/12                                                                                                                                      8900.1 CHG 86

Volume 3 GENERAL TECHNICAL ADMINISTRATION

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

Section 1 Issue a Certificate of Waiver or Authorization for an Aviation Event

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

A.        Issue Certificate of Authorization (COA). Enter “1220” in the “Activity Code” box of the PTRS transmittal form and enter “PA” in the “National Use” box if the COA was issued for parachuting.

B.        Issue Certificate of Waiver. Enter “1230” in the “Activity Code” box and in the “National Use” box enter “AS” for an airshow, “AR” for an airplane air race, and “BE” for any type of balloon event.

C.        Complete DD Form 2535, Request for Military Aerial Support. Enter “1231” in the “Activity Code” box and enter “WI” in the “National Use” box if a waiver will be issued and “NW” if no waiver will be issued for the operation requested.

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

Note:            Appropriate paragraphs in the automated Operations Safety System (OPSS) or Web-based automated Operations Safety System (WebOPSS) may be used in lieu of FAA Form 7711-1, Certificate of Waiver or Authorization.

3-143          GENERAL.

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

1)          Aerobatic Box. The airspace at an airshow where participating aircraft are authorized to perform aerobatic maneuvers appropriate to their Category (CAT). This box begins at the appropriate CAT I/II/III show line (Figure 3-24).
2)          Aerobatic Flight. Aerobatic flight is where the pitch attitude exceeds 60 degrees above or below the horizon and/or the angle of bank exceeds 75 degrees in reference to the horizon for all aircraft when conducting the event in accordance with a certificate of waiver or authorization. The definition in Title 14 of the Code of Federal Regulations (14 CFR) part 91, § 91.303 does not apply. Therefore, always waive the portion of § 91.303 that defines aerobatic flight.
3)          Air Boss. The individual who has the primary responsibility for airshow operations on the active taxiways, runways, and the surrounding airshow demonstration area.
4)          Airshow. An aviation event defined as an aerial demonstration by one or more aircraft before an invited assembly of persons.
5)          Airworthiness Certificate. For the purpose of this chapter, the terms “airworthy” or “Airworthiness Certificate” refer to more than just the United States (U.S.) and International Civil Aviation Organization (ICAO) countries’ standard airworthy aircraft. For a U.S.-registered experimental aircraft this would be a special flight permit, which must be accompanied by operating limitations. Foreign registered experimental aircraft must have the special flight permit with operating limitations and a special flight authorization allowing airshow operations in U.S. airspace.
6)          Airshow Demonstration Area. The total airspace (lateral and vertical limits) identified by the FAA waiver, temporary flight restriction (TFR), or the Notice to Airmen (NOTAM) issued for an airshow (sometimes referred to as the waivered airspace).
7)          Altimeter Setting. Many performers and jump aircraft may wish to set their altimeters to zero while on the ground to measure height above ground during their performance. This may require a waiver of § 91.121. The inspector-in-charge (IIC) should waive § 91.121 for any event where aircraft involved in that event are departing from a runway at that location. This does not require the affected aircraft to set their altimeter(s) to zero but gives the pilot the option to do so.
8)          Approved Maneuver. An AFS-800 approved maneuver or a series of maneuvers. These may include flight over the designated spectator area(s) below 1,000 feet above ground level (AGL), higher speeds for military airplanes, or a maneuver that may involve energy directed at the spectator area that meets safety criteria.
9)          Aviation Event. Aviation events include airshows, closed course air races, parachute demonstration jumps, balloon meets, and fly-ins conducted before an invited assembly of persons, for which the FAA issues a Certificate of Waiver or Authorization.

Note:            This chapter does not address or include aerobatic competitions (see Volume 3, Chapter 5, Issue a Certificate of Waiver or Authorization for an Aerobatic Practice Area or an Aerobatic Contest Box).

10)  Aircraft Show Line Categories. Show line categories, speeds, and distances are shown in Table 3-1 below. These speeds are only for determining assignment to a show line, not maximum performing speeds. The following criteria are the basis for the minimum distances in the table below:
a)          For reciprocating engine powered airplanes knots indicated airspeed (KIAS) in straight and level flight at 75 percent power at standard temperature and pressure (15°C/sea level) and maximum certified gross weight.
b)          For turbine engine powered airplanes (does not include the BD-5J Microjet) 85 percent of the maximum continuous powered straight and level flight KIAS at standard temperature, pressure (15°C/sea level), and maximum certified gross weight.
c)          Minimum show line distances are measured from the crowd line to the center of the aircraft closest to any spectator area for Show Line CAT II and III aircraft and to the center airplane for CAT I airplanes.

Table 3-1. Example of Airplane Show Line Category

Airplane Show Line Category

Aircraft Characteristics*

Standard Show Line Distance From The Spectator Area

I

More than 245 knots (282 miles per hour (mph))

1,500 feet

II

More than 156 knots but 245 knots or less (181-282 mph)

1,000 feet

III

(Single reciprocating engine and BD-5J)

156 knots or less (180 mph) or no more than 2,250 pounds gross takeoff weight (GTOW)

500 feet

 

 

 

 

* These are not operating limitations

Note:            See Table 3-1A for all aircraft categories.

11)  COA. An official document issued by the FAA to permit certain activities that require FAA approval but that does not waive any regulations, for example, parachuting/sky diving demonstrations. (See Figure 3-33 and 3-33A.)
12)  Certificate of Waiver. An official document issued by the FAA that authorizes certain operations of aircraft to deviate from a regulation but under conditions that ensure an equivalent level of safety. Section 91.905 lists the sections of part 91 that can be waived. (See Figure 3-32 and 3-32A.)
13)  Civil Twilight. Civil twilight in the evening is the time between sunset and when the center of the sun is less than 6 degrees below the horizon. (See subparagraph 3-147N for restrictions.)
14)  Control Point. A specified location where the event organizer, a designated representative, or an air boss manages the aviation event. The control point must have a communication system with the capability necessary to control the aviation event.
15)  Corner Markers. An easily identifiable marker or landmark from the air, 500 feet or more right and left of primary spectator area along the crowd line from the primary spectator area to provide flybys and performers a 500-foot reference for proper separation from spectators (see Figure 3-24, Figures 3-26 through 27C and Figure 3-29).

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

16)  Critical Aircraft. That aircraft closest to the primary spectator area in a formation flight.
17)  Crowd Line. A physical barrier or a line marked on the ground that serves as a restraining line for designated spectator areas and provides the appropriate safety distances from the aerobatic box and/or show line.
18)  Essential Personnel. Individuals authorized to access the flying display area during an aerobatic performance. (See subparagraph 3-145C.)
19)  Event Organizer. The person or agency responsible for the organization and conduct of the aviation event.
20)  Flyby. A non-aerobatic pass or a series of non-aerobatic passes, performed by one or more aircraft, before an invited assembly of persons at an aviation event while a waiver is in effect. (See paragraph 3-147J.)
21)  Flying Display Area. The airspace at an airshow where participating aircraft have authorization to perform. This area includes all the aerobatic boxes and show line but does not include ingress/egress routes.
22)  Formation Flying. When an aircraft is flown solely with reference to another aircraft and within 500 feet of the referenced aircraft. Air racing and simulated dogfighting are not considered formation flying.
23)  Heritage Flight Program. The U.S. Air Force (USAF)-approved military and civilian pilots flying formations consisting of USAF, former USAF, and U.S. Army Air Corps aircraft to demonstrate the history of USAF aircraft.
24)  Ingress/Egress Routes. Those routes used by airshow performers to enter and exit the flying display area.
25)  IIC. The FAA aviation safety inspector (ASI) who has primary FAA responsibility for the aviation event. (See subparagraph 3-143D.)
26)  Military Jet Demonstration Teams. The sanctioned North American Military jet demonstration teams are the USAF Thunderbirds, the U.S. Navy (USN) Blue Angels, and the Canadian Forces Snowbirds.
27)  Military Single-Ship Demonstration Teams. A U.S. Department of Defense (DOD) or Canadian Department of National Defense (DND)-sanctioned demonstration team that consists of single aircraft conducting flybys or aerobatic demonstrations of current military fighter aircraft.
28)  Night. Night means the time between the end of evening civil twilight and the beginning of morning civil twilight, as published in the American Air Almanac, converted to local time.
29)  Official Photographers. Photographers designated by the responsible person as essential personnel to be in designated areas of the aerobatic box during performances (see subparagraph 3-145C).
30)  Participant. Any individual specifically involved with, or directly participating in, the waivered aviation event.
31)  Primary Spectator Area. The main area designated by the event organizer for spectator use. The crowd line creates its boundary and has well defined lateral limits (ends). This is the area from which the public is directed to view the event. There may be more than one primary spectator area.
32)  Responsible Person. A person designated by the event organizer to be responsible for all aspects and special provisions of the waiver/authorization. This person must be acceptable to the waiver/authorization-issuing Flight Standards District Office (FSDO) as being knowledgeable concerning the terms and provisions of the certificate of waiver/authorization for this aviation event. The responsible person will be responsible to the FAA for the safe conduct of the event.
33)  Secondary Spectator Area(s). Any area, not designated as a primary spectator area, where people have a natural tendency to gather to observe the event. This includes, but is not limited to, private property or property not under control of the event organizer, public roads, and private access roads.
34)  Show Center. A visible reference point that denotes the center of the flying display area.
35)  Show Line. A line on the surface of the ground or water, marked to be clearly visible to pilots from the air, intended to enhance pilot orientation during the performance. The show line provides the performer with a clear visual reference to the minimum safety distance applicable to the CAT of the maneuvering aircraft being flown (See subparagraphs 3-147A, C through F.)
36)  Tailhook Legacy Flyover Program. The USN-approved military and civilian pilots flying formations consisting of sanctioned USN and former USN aircraft to demonstrate the history of U.S. naval aviation.
37)  Web Sites. The public Internet airshow site is available at http://www.faa.gov/about/initiatives/airshow. The FAA employee airshow site is available at http://intranet.faa.gov/FAAEmployees/org/linebusiness/avs/offices/afs/programs/airshows.

B.        Regulatory Authority. Flight Standards Service (AFS) has the authority to grant or deny waivers of the regulations listed in § 91.905 for aviation events. The FSDO that has responsibility for aviation events conducted at the proposed site processes requests for waivers or authorizations.

1)          Scope of Waivers.
a)          Waivers of 14 CFR sections and the attendant special provisions may vary in scope depending on the regulations that an applicant requests to be waived and will vary depending upon the type of aviation event and the location. Some events require nothing more than waiving § 91.303(e) to permit aerobatic flight at less than 1,500 feet above the surface. Other events that consist of flybys and static displays may only require waiving sections of part 91 for aircraft speed limitations, minimum safe altitudes, or limitations while operating in the vicinity of airports or within Class B, C, D, or E airspace.
b)          Waivers of the basic visual flight rules (VFR) weather minimums specified in § 91.155 may be considered in areas where the entire event can be conducted with air traffic control (ATC) providing separation between participating aircraft and nonparticipating aircraft. This will mean that the entire airshow display area for the affected aircraft must be within a TFR, Class C, or Class D airspace.

Note:            Class B airspace is normally “Clear of Clouds” for VFR operations.

2)          Section 91.905 establishes a list of rules subject to waivers. Some of the subsections of the mentioned sections may or may not need to be waived. For example, see the Note below on § 91.119. There should be a corresponding special provision that gives the conditions that must be followed for each section and/or subsection to be waived to maintain an equivalent level of safety. Another example would be § 91.117. Aircraft speed may be waived but that waiver of airspeed would have a limitation on maximum airspeed, and the limitations on where that waiver is valid would be in the special provisions attached to the waiver.

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

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

1)          The IIC will elevate any issues requiring clarification or that may be of regional or national interest, such as military demonstration team participation, to the regional airshow coordinator. The regional coordinator will determine the level of regional participation. A list of regional coordinators is available on the public access site at http://www.faa.gov/about/initiatives/airshow/. FAA IIC and other FAA employees may use the following site: https://intranet.faa.gov/FAAEmployees/org/linebusiness/avs/offices/afs/programs/airshows/. The regional coordinator assists in resolving issues and coordinates with the national coordinator as necessary.
2)          The national coordinator makes recommendations regarding policy changes. When policy change is not required, provide clarification back to the regional coordinator.
a)          Regional supplements to aviation event policy are not permitted (see Volume 1, Chapter 1, Section 1, subparagraph 1-3C).
b)          The regional coordinator will receive reports of initiation of any enforcement investigations, and he/she will coordinate the necessary response with the national coordinator as early as possible in the investigation.
c)          All accidents or incidents occurring at an aviation event will be reported immediately to the regional coordinator, who will coordinate with the national coordinator.

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

·              Site feasibility study.

·              Participation in the preseason evaluation meeting.

·              Evaluation of the application for waiver or authorization.

·              Recommendation for issuance or denial.

·              Prepares a list of special provisions appropriate for the event in compliance with current guidance in this order.

·              Surveillance of the aviation event.

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

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

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

H.      Surveillance of an Aviation Event—Inspector Resources Not Available. It is always preferred to have a monitor at each event, although in rare circumstances it may not be possible. The FSDO manager, along with the regional airshow coordinator, should consider the following as part of the decision making process and assessing the risk:

·              Size of the event (length, number of airshow acts and static display, number of spectators)?

·              Has there been a history of problems with the management of the event?

·              Is it a military airshow?

·              What is the previous safety history of this event?

·              Is the event well planned and are experienced personnel in key positions (e.g., event organizer/responsible person, air boss, performers, Crash, Fire and Rescue personnel, etc.)?

·              What is the experience level of the responsible person/event organizer and air boss?

·              Is the emergency plan well designed and adequately staffed for this event?

·              Is the plan to manage spectators and sterile areas well designed and adequately staffed for this event?

·              Is a TFR issued for the event?

·              Is ATC managing the movement of aircraft? Are they onsite?

·              How many FAA monitors would this show normally require?

·              Will you send an Airworthiness inspector to inspect aircraft prior to event?

·              Will you send an ASI (Operations) to check the performers’ credentials prior to event?

·              Is it possible to attend first day to ensure compliance with waiver and special provisions?

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

A.        Indicates new/changed information. FAA Form 7711-2, Certificate of Waiver or Authorization Application. An inspector who reviews relevant information about the proposed operation and site suitability processes applications for aviation events should use FAA Form 7711-2 (Figures 3-32 through 3-33A). Not all blocks on the form may apply to each event. In other cases, additional information may be required. The FSDO manager has the authority to sign a waiver or authorization when the application is approved.

1)          Submit applications for airshows or air races at least 90 days before the date of the event. Only after the event organizer has met all requirements, approval or denial of the application will be completed within 30 days of receipt by the FSDO.
2)          Present applications for parachute jumps made over or into a congested area or open-air assembly of people at least 10 working days before an event. Completion of an application’s approval or denial must be done within 5 working days of receipt by the FSDO.
3)          TFRs are requested in accordance with § 91.145. TFRs should be requested about the same time the application for waiver is made and will be processed in accordance with the procedures established in subparagraph 3-144E, 4).
4)          The completion and submission of FAA Form 7711-2 and all supporting documents are solely the applicant’s responsibility.
5)          Upon approval, FAA Form 7711-2 and its attachments become a part of FAA Form 7711-1 (Figure 3-34).
6)          The applicant must attach current maps, charts, diagrams, or other data appropriate to the activities and locations to FAA Form 7711-2 upon application for a certificate of waiver or authorization.
7)          For most events, the supporting data must address the following major areas:
a)          Diagrams and descriptions of spectator areas which restrict the public from:

·              The flight areas;

·              The active runways;

·              The taxi and run-up areas; and

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

b)          Supporting documents should describe the methods that will be used to ensure security of areas outside of the designated spectator area, especially the area under the aerobatic maneuvering area.
8)          Except for official military pilots, each pilot flying a civil aircraft must have the proper certification and rating for the aircraft to be flown. In addition, each civilian pilot who performs aerobatics must possess a Statement of Aerobatic Competency (SAC) (see subparagraph 3-145A) including foreign civil airmen (Figures 3-35 and 3-36).
a)          Non-airmen participants, such as parachutists, can be accepted on the basis of a license issued by the U.S. Parachute Association (USPA), similar organizations or equivalent qualifications acceptable to the FAA. The FAA does not require certification of operators of ultralight vehicles, wing walkers or trapeze occupants, ribbon-cut personnel, drivers of ground vehicles for a car-to-plane transfer, and other non-airmen participants. For unmanned air vehicle operations, contact the regional coordinator for support.
b)          Except for official military aircraft, each aircraft flown in an aerial demonstration must be properly certificated and have documentation in accordance with the procedures established in subparagraph 3-145F indicating current inspections, Airworthiness Directives (AD) and time limitations are appropriate for the aircraft to be in an airworthy condition.

B.        Assisting the Event Organizer with Form 7711-2. The current edition of FAA Advisory Circular (AC) 91-45, Waivers: Aviation Events, or AC 105-2, Sport Parachuting, as appropriate, provides most information necessary to plan and conduct a safe event. You may obtain these documents and other pertinent information from the FAA at http://www.faa.gov/about/initiatives/airshow. FAA inspectors can obtain additional information at https://intranet.faa.gov/FAAEmployees/org/linebusiness/avs/offices/afs/programs/airshows.

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

·              Type of event,

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

·              Military aircraft performances,

·              Parachute demonstrations,

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

·              Airspace considerations and issuance of a TFR,

·              Minimum safety distances and altitudes, and

·              Event management.

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

C.        Completion of Form 7711-2. (See Figures 3-32 and 3-32A.) Upon receipt, review the application for obvious discrepancies. If discrepancies exist, arrange a meeting with the applicant to resolve the issues to mutual satisfaction. The applicant must revise the information he/she submitted on FAA Form 7711-2; the FSDO will not alter it.

1)          Blocks 1 and 2. An organization does not sponsor every airshow. An individual may sponsor an event. If the applicant represents an organization, the organization’s name should appear in Block 1. The name of the individual and his/her position or authority to Indicates new/changed information. represent the organization (i.e., the responsible person) should appear in Block 2. If the applicant is not representing an organization, “N/A” should be entered in Block 1 and the applicant’s name entered in Block 2. A responsible person is one who has demonstrated to the FAA knowledge concerning the terms and provisions of the certificate of waiver/authorization for this aviation event. The responsible person will be responsible to the FAA for the safe conduct of the event.
2)          Indicates new/changed information. Block 3. Permanent Mailing Address. The applicant should indicate the permanent mailing address of the organization named in Block 1 or the individual named in Block 2.
3)          Block 4. Pertains to Banner Towers only. Aviation events should enter “N/A.”
4)          Block 5. Pertains to Banner Towers only. Aviation events should enter “N/A.”
5)          Block 6. Reference § 91.905 for a list of rules subject to waivers. Ensure that the applicable rules to be waived have been requested. An application for a parachuting operation should state that authorization is requested in accordance with § 105.21 and 105.25.
6)          Indicates new/changed information. Block 7. It may be sufficient for the applicant to use the terms airshow, parachute demonstration jump, or air race to describe the events. However, it would be helpful for the applicant to fill in as detailed a description as possible if the event is an airshow or air race; for example, enter the CAT of aircraft to be flown, in addition to make and model, if known. (See Figure 3-32, block 5.)
7)          Block 8. The applicant should describe the airshow demonstration area as a rectangular, cubic, or cylindrical cell of airspace; and the aerobatic box as a cube or rectangle bounded by a runway or other definable geographical reference, a lateral point, and up to a particular altitude AGL. This can be over land or water.
a)          For off-airport sites, the boundaries should be described using rivers, highways, railroads, or other easily identifiable landmarks or markers.
b)          For an airshow, the applicant should attach current, properly marked maps, drawings, or photographs of the planned area of operation (satellite photographs may be substituted for topographic charts (from http://maps.google.com, http://www.mapquest.com, etc.)). The applicant will include as much of the following data as known at the time of application. The IIC will review the documentation for acceptance. Any depiction submitted must include indications of the following:

·              The location and marking of the show lines.

·              The location of the boundaries of the airshow demonstration area.

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

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

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

·              The location of the emergency vehicles and medical facilities.

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

·              The location of the aircraft movement areas.

·              The location of the parachuting landing area.

·              The location of the static display aircraft parking areas.

·              The location of the airshow aircraft parking areas.

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

·              The location of the refueling areas.

·              The location of the helipads.

·              The location of the airshow control point.

·              The location of the pyrotechnic areas.

c)          Indicates new/changed information. Applicants should note in Block 7 if supplemental information is attached.
d)          The site layout must depict that the airshow demonstrations or airshow acts can be accomplished at that site. If an airshow demonstration or act cannot fit within FAA distance criteria, or if congestion or new development around the proposed site impedes those criteria, the site is not appropriate for that demonstration or act.
8)          Block 9. Inspectors can eliminate the need for the applicant to resubmit applications for an additional authorization by advising applicants to list alternative dates on the initial application. This avoids confusion and reduces the number of applications that must be submitted by the event organizer.
9)          Block 10. The initial application does not need to list specific performers/aircraft. The application may be accepted with a notation in Block 8 that a list will be provided at a later, specified date and time. The list should eventually include all performers and aircraft (civilian and military) and parachute teams (civilian and military). A notation stating the show line CAT must be annotated with each make and model aircraft. Once the list has been supplied, may be amended by the responsible person and resubmitted to the IIC for approval. Performers added on the day of the event must show proof of appropriate qualifications that the aircraft is airworthy, and a determination must be made that the performance can be conducted at that show site.
10)  Indicates new/changed information. Block 11 and 12. This section requires the name and address of the event organizer. The event organizer of an airshow may be an individual, a group of individuals, or an organization. The event organizer of an airshow may appoint a responsible person that has the overall responsibility for the conduct of the airshow in a safe manner and in accordance with the conditions contained in the certificate of waiver or authorization issued for the airshow. The event organizer may delegate to other persons the authority to organize and control particular aspects of the event. At a small event, one person may be able to coordinate more than one activity, while at a large event, a committee of persons delegated by the appropriate authority may control an activity.
11)  Indicates new/changed information. Block 13. There is no specific requirement for the use of uniformed police or security guards. The need for policing depends upon several factors that must be discussed with the IIC to ensure adequate crowd control. However, it is highly recommended that uniform clothing be worn (high visibility T-shirts, hats, etc.) by individuals performing crowd control or other official duties.
a)          The event organizer must ensure that the airshow demonstrations are conducted safely and without creating a hazard to any non-participants or spectators. It is imperative that all areas adjacent to the airshow site containing homes, factories, major highways, traveled thoroughfares, or any occupied vessel, vehicle, or structure be carefully evaluated before making a final decision for site selection, and that these areas can remain sterile if their location is under the aerobatic box.
b)          Indicates new/changed information. Indicates new/changed information. With respect to crowd control, it is the event organizer’s responsibility to ensure that all reasonable efforts are made to confine spectators to the spectator areas, ensure that sterile areas are evacuated and remain sterile, and to present a plan to the IIC in sufficient detail that specifies how this will be accomplished and who is responsible to police the aviation event. The application may be accepted with a notation in Block 13 that a written plan will be provided at a later date, specified date and time.
12)  Indicates new/changed information. Block 14. Emergency facilities have caused problems for event organizers. As previously noted, the application serves as an all-purpose form and contains blocks that may or may not be appropriate to emergency facilities. Some applications have been erroneously denied because the boxes for physician, ambulance, and fire truck were blank. Encourage every airshow event organizer to provide emergency medical service even though this service may not be utilized. Many event organizers prefer to have the local fire department’s emergency rescue squad, paramedics, or emergency medical technicians at their show rather than a physician.

Note:            For balloon events, consult the guidelines for emergency procedures listed in paragraph 3-153 when considering which boxes to check in Block 14.

13)  Block 15. In this block enter a description of method for controlling air traffic (AT) and potential alternative communication methods. For example:
a)          Although every aircraft in the event may be equipped with a two-way radio, a visual ground-to-air emergency signal must be provided and described in the application.
b)          If a scheduled air carrier serves an airport that is the site of an aviation event, arrangements must be made for the arrival and departure of such aircraft. It is usually adequate to schedule a break in the activities to allow for scheduled arrivals and departures. The event organizer should complete prior coordination with the air carrier and ATC.
c)          Indicates new/changed information. Request for TFRs, as authorized under § 91.145, if applicable. Add notation in Block 15 if request initiated.
d)          List ATC facilities, frequencies, and contacts.
14)  Indicates new/changed information. Block 16. The FAA must see a proposed schedule of events to evaluate the application. It should contain at least a general description of the types of events and their approximate sequence in the show. The application may be accepted with a notation in Block 16 that a final schedule of events will be provided at a later, specified date and time.
a)          The schedule should identify the aircraft and expected performers in the approximate sequence of appearance as best as possible at the time. During the event, the scheduled order of appearance may change because of weather, mechanical problems, or other factors at the discretion of the air boss.
b)          Indicates new/changed information. Any demonstration or act added to the airshow schedule requires notification to FAA and should be submitted at the earliest opportunity (see subparagraph 3-144C6, Block 8). Cancellation of an airshow demonstration or act does not require advance notice, unless it has a significant impact on the event (e.g., cancellation of a military demonstration team would require notification, as would the cancellation of the entire event).

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

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

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

E.        Coordination Requirements.

1)          AT Coordination. Any request for a waiver or authorization for an aviation event or flyover not as part of an aviation event requires coordination with the appropriate ATC facility. Any special conditions considered necessary by the Air Traffic Service (ATS) Area will be made a part of the certificate of waiver or authorization in the special provisions.
2)          Special Ultrahigh Frequency (UHF)/Very High Frequency (VHF) Frequency Requests. Requests for special UHF/VHF frequencies for airshow usage should be made by the sponsor or responsible person to the AT facility having jurisdiction over the airspace where the airshow will take place.
3)          FAA Airports (ARP). Any event organizer who requests a waiver for a public aviation event on an airport certificated in accordance with 14 CFR part 139 must coordinate with the appropriate FAA Airport District Office (ADO) and receive approval for the event ground operations plan before issuance of FAA Form 7711-1.
a)          Encouraging event organizers to include airport management in the coordination will greatly facilitate the process. These steps will facilitate the resolution of any conflicts with ARP (Associate Administrator for Airports) policy/regulatory requirements relative to part 139. The ground operations plan includes the necessary changes that must be addressed for security. ARP is responsible for ensuring any necessary changes to the security plan are coordinated with FAA security before approval. ARP-1’s approval of the ground operations plan is generally separate and distinct from the review and approval of the overall airshow layout (primary spectator area, show line(s), takeoff/landing runway, etc.) that is the responsibility of the waiver-issuing FSDO.
b)          Any limitations or special provisions considered necessary by the ADO will be made a part of the certificate of waiver. As part of their normal program responsibilities, FAA ADO inspectors may from time to time request information concerning aviation event activities at airports other than those certificated in accordance with part 139.
c)          ARP has designated lead airport inspectors in each ARP regional office as the approval authority for this approval. Affected airshow sponsors should call the appropriate regional office for coordination. If unable to reach that office, call the national ARP point of contact. The list of regional offices is found on the Internet at http://www.faa.gov/airports/news_information/contact_info/regional.
4)          TFR. A TFR is an area designated to enhance the protection of persons and property on the surface or in the air, to maintain air safety and efficiency, or to prevent the unsafe congestion of aircraft in the vicinity of an aviation event. The responsible person or air boss must request a TFR not FSDO personnel. The procedures for requesting a TFR are found on the following Web site: http://www.faa.gov/about/initiatives/airshow.
a)          Aerial demonstrations contained entirely within a Class B, C, or D airspace area should not request the issuance of a TFR under § 91.145.
b)          Requirements for issuance of a TFR NOTAM in accordance with § 91.145:

·              Any segment of the requested airspace for the aerial demonstration for aircraft exceeding 200 KIAS is outside of Class B, C or D airspace;

·              Military aircraft are conducting aerobatic demonstrations;

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

·              Sanctioned military parachute demonstration teams are performing.

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

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

·              The controlling ATC facility or air boss (if authorized by ATC) grants authorization,

·              The air boss has coordinated the procedure with the IIC, and

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

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

5)          Class D NOTAM. Issue a Class D NOTAM for any aerial demonstration that does not require a TFR. A Class D NOTAM does not prohibit transient aircraft from entering the airspace. It is only a notice for non-participating aircraft that the airport is closed and the purpose of that closure.
6)          Waiver of § 91.155 Requirements for VFR.
a)          Section 91.155 authorizing operations “clear of clouds” is waived under the following circumstances:

1.          Aerial demonstrations are conducted entirely within Class C or D airspace where ATC communication is maintained (Class B is normally clear of clouds); or

2.          Aerial demonstrations that are conducted within the boundaries of a TFR issued for that event and ATC communication is maintained.

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

3-145          PARTICIPANT AND AIRCRAFT ELIGIBILITY.

A.        Aerobatic Competency Documentation.

1)          All civil pilots who perform aerobatic maneuvers in any aircraft where the pitch angle or bank angle exceeds 90 degrees must possess a valid FAA Form 8710-7, Statement of Acrobatic Competency, or Transport Canada Form 26-0307, Statement of Aerobatic Competency (Figures 3-35 and 3-36).
2)          All civil pilots who perform maneuvers in excess of 60 degrees but not more than 90 degrees of pitch, and/or more than 75 degrees but not more than 90 degrees of bank that do not meet the requirements in subparagraph A1) must have a logbook endorsement or a competency letter issued within the past 24 calendar-months after complying with the following:
a)          Have successfully completed a flight and ground review by a DPE (Designated Pilot Examiner), FAA Operations Inspector, ICAS or Experimental Aircraft Association (EAA) aerobatic competency examiner possessing authorization to administer this test in that particular airplane or helicopter.
b)          The endorsement or letter states that the pilot may fly maneuvers up to 90 degrees of pitch and/or 90 degrees of bank in reference to the horizon (see Figure 3-37). The endorsement is limited to the altitude demonstrated but not less than 200 feet AGL. The testing standards for this endorsement are as follows:

1.          For 90 degrees of bank endorsement the applicant must demonstrate a roll to 90 degrees from the horizon and return to level without loss of altitude and within 10 degrees of the predetermined roll out heading.

2.          For 90 degrees of pitch up, the applicant must demonstrate a pitch up to 90 degrees from the horizon starting at the lowest altitude authorized but never less than 200 feet AGL. This pitch up will terminate at a predetermined airspeed or altitude as determined by the examiner.

3.          For a 90 degrees of pitch down, the applicant must demonstrate a pitch down to 90 degrees and recover at a predetermined altitude but never lower than 200 feet.

4.          The applicant must demonstrate knowledge of show line orientation and proper distance’s from spectator areas.

a.            Demonstrate ability required to reposition the aircraft from a maneuvering pass;

b.          Realign 180 degrees for the next pass; and

c.            Align the flight path so as not to direct energy toward the primary spectator area.

5.          For any demonstrations, at no time may the outcome of the maneuver be in doubt.

6.          The applicant may only be endorsed for the altitude demonstrated but not less than 200 feet

3)          All limitations on the document listed in subparagraphs 3-145A1) or 2) above must be followed. Aerobatic maneuvers and sequences/performances that contain aerobatic maneuvers must be initiated and completed at or above the altitude listed in the limitations on the SAC. Non-aerobatic fly-bys may be performed below the altitude limitation listed on the SAC only before or after the sequence/performance is completed. The performer may not interrupt an aerobatic sequence/performance to perform a non-aerobatic fly-by below the altitude restriction.
4)          Upon request of the FAA, civil aircraft pilots must show evidence of performing or practicing their performance(s) within the previous 15 days.

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

1)          Each crewmember must be on board to fulfill a definite safety function, such as, but not limited to:
a)          A one-time show site checkout for a qualified pilot who is unfamiliar with the site;
b)          A qualified pilot flying cover for closed course air racing;
c)          A qualified person who is required to operate aircraft systems during normal or emergency conditions in flight; or
d)          A qualified pilot obtaining experience before inclusion as a non-aerobatic aerial demonstration team member.
2)          Each pilot must be current and have the proper qualifications for the specific make and model of a civil aircraft.
3)          Each pilot must hold a SAC or aerobatic endorsement when occupying a seat of an aircraft with functional dual controls for all three axes and aerobatic flight is conducted.
4)          Each pilot in command (PIC) must hold a non-aerobatic formation credential when occupying a seat of an aircraft that has functional dual controls for all three axes when in a formation flight and aerobatic flight is not conducted.

C.        Essential Personnel Requirements. Examples of essential personnel as determined by the IIC would include, but are not limited to: Crash, Fire and Rescue personnel, FAA personnel, pole holders, pyrotechnicians, essential support crew, other performers, official photographers or taxiing aircraft associated with the event. Essential personnel must meet the following conditions:

1)          Have a safety briefing including ingress and egress from the aerobatic box;
2)          Wear high visibility clothing that will easily identify them as essential personnel when in the box; and
3)          Official photographers may not exceed the number agreed upon by the responsible person and the IIC to be in the specified areas at one time.

Note:            Essential personnel do not include news media or photographers (other than official photographers) for the event.

D.      Aerobatic Formation Flight. Perform formation aerobatics where the angle of bank exceeds 60 degrees and/or the angle of pitch excess 45 degrees only if the following conditions are met:

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

E.        Non-Aerobatic Formation Flight. Each civil PIC who wishes to conduct non-aerobatic formation flybys where the angle of bank does not exceed 60 degrees or 45 degrees of pitch in the airshow display area must meet the following:

1)          Be in possession of an FAA recognized current and valid industry formation flying card.
2)          Attend a briefing given by the flight leader of the proposed flight;
3)          The briefing in subparagraph E2) above must meet the requirements of the industry formation group that issued the formation flying card of the formation flight leader;
4)          The responsible person must provide the IIC a list of the pilots flying in the formation.

Note:            Formation training will not be conducted during the airshow.

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

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

1.          The completed form must be similar to the sample FAA Aircraft Inspection and Status Form (Figure 3-38).

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

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

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

3-146          Indicates new/changed information. AIRSHOW AIRSPACE REQUIREMENTS. Issue FAA Form 7711-1 to an event organizer. It specifies a geographic area, both lateral and vertical, where airshow demonstrations are authorized. This area could be quite large (e.g., 10 nautical mile (NM) radius of an airport from the surface up to 18,000 feet mean sea level (MSL) or rather small (e.g., 2 NM radius up to 3,000 feet MSL), depending on the type of airshow demonstration planned. In determining where aerobatics will be performed within the geographic area specified on FAA Form 7711-2, the event organizer selects a site that will accommodate all the specific types of airshow demonstrations without detracting from safety or creating a hazard to any non-participants or spectators. It is imperative that all areas adjacent to the airshow site containing homes, factories, major highways, traveled thoroughfares, or any occupied vessel, vehicle, or structure be carefully evaluated before making a final decision for site selection. An environmental review in accordance with the current edition of FAA Order 1050.1 is not required due to the temporary nature of a waiver for an aviation event. You must identify the following applicable blocks for an airshow:

·              Airshow demonstration area,

·              Show lines,

·              Flying Display Area,

·              500 feet corner markers,

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

·              Designated spectator areas.

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

A.        Show Lines. For aerobatic and other flight demonstrations, an aerobatic box and show lines must be established at prescribed minimum distances from the designated spectator areas. The appropriate performers must be able to easily identify these lines.

Table 3-1A. Minimum Show Line Distance From Spectator Areas, Congested Areas and Occupied Buildings by Aircraft Category

Minimum Show Line Distance from Spectator Areas, Congested Areas and Occupied Buildings

Aircraft Category or Aircraft Type

Demonstration Maneuvers Authorized

1,500 feet

Category I Aircraft

Aerobatic maneuvers

1,000 feet

Category II Aircraft

Aerobatic maneuvers

1,000 feet

Helicopters

Aerobatic maneuvers

500 feet

Category III Aircraft

Aerobatic maneuvers and Flybys

500 feet

Gliders, Hang Gliders, powered paragliders

Aerobatic maneuvers and Flybys

500 feet

Ultralight airplanes and Weight-shift control aircraft

Aerobatic maneuvers and Flybys

500 feet

Helicopters

Non-aerobatic maneuvers

500 feet

Category I Aircraft

Flybys

500 feet

Category II Aircraft

Flybys

500 feet

BD-5J Microjet

Aerobatic maneuvers

100 feet

Powered Parachute Aircraft, Ultralights (paragliders and powered paragliders)

Non-aerobatic maneuvers

The minimum distances in this table are based upon the following criteria:

a)          For reciprocating engine powered airplanes–true airspeed in straight and level flight at 75 percent power at standard temperature and pressure (15°C/sea level) and maximum certified gross weight.

b)          For turbine engine powered airplanes (does not include the BD-5J Micro jet),—85 percent of the maximum continuous powered straight and level flight true airspeed at standard temperature, pressure (15°C/sea level), and maximum certified gross weight.

NOTE: The speeds in paragraphs (a) and (b) above are used for determining assignment to a show line, not the maximum performing speed of the aircraft. See subparagraph 3-143A10) for Category.

B.        Formation Flight Demonstrations. For formation flight demonstrations, the formation leader must adjust his or her ground track so that the critical aircraft remains the appropriate distance from the designated spectator areas.

C.        Guidelines for Establishing Show Lines and/or Aerobatic Boxes.

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

D.      CAT I Show Lines. The minimum distance from the spectator area to the show line for CAT I aircraft is 1,500 feet or greater (Figure 3-26 and Figure 3-26A).

1)          Aerobatic maneuvers for CAT I airplanes remain centered on the CAT I show line and parallel to the crowd line while in the flying display area. This includes single or multiple airplane maneuvers (Figure 3-26B).
2)          If the only well defined show line is closer than 1,500 feet to a spectator area, and if it is not possible to move the spectator area, the distance between the CAT I show line and the primary spectator area may be reduced from 1,500 feet to a minimum of 1,200 feet. This reduction is authorized solely in the interest of flight safety because a well-defined show line is essential for pilot orientation. Place all artificial show lines at 1,500 feet.
3)          When there is a reduction in the distance from the show line to the primary spectator area, a similar reduction shall not be permitted for the secondary spectator area side of the show.
4)          In no case shall there be less than 2,700 feet between the primary and the secondary spectator areas.
5)          The reduction should be determined by first considering the secondary spectator area side of the show line.

E.        Category II Show Lines. The minimum distance from the spectator area to the show line for CAT II aircraft is 1,000 feet or greater. (Figure 3-26C)

1)          Aerobatic maneuvers for CAT II airplanes remain no closer than the CAT II show line and parallel to the crowd line while in the flying display area unless the aerobatic box is large enough to contain any aerobatic maneuver. This includes single or multiple airplane maneuvers (Figure 3-26D).
2)          If the only well-defined show line is closer than 1,000 feet to a spectator area, and if it is not possible to move the spectator area, the distance between the CAT II show line and the primary spectator area may be reduced from 1,000 feet to a minimum of 800 feet. This reduction is authorized solely in the interest of flight safety because a well-defined show line is essential for pilot orientation.
3)          When there is a reduction in the distance from the show line to the primary spectator area, a similar reduction shall not be permitted for the secondary spectator area side of the show line.
4)          In no case will there be less than 1,800 feet between the primary and the secondary spectator areas.
5)          Determine the reduction by first considering the secondary spectator area side of the show line.

F.          CAT III Show Lines.

1)          The CAT III show line will not be closer than 500 feet from the primary or secondary spectator areas.
a)          If there is less than 1,000 feet between the primary and any secondary spectator areas, the site cannot be considered for an airshow waiver.
b)          The width of the flying display area:

1.          If there are less than 1,000 feet between the primary and any secondary spectator areas, the site cannot be considered for an airshow waiver. The width of the aerobatic box must be large enough to contain the aircraft maneuvers and still ensure the safety distances for the spectators. When the flying display is only 1,000 feet between the spectator areas, a single aircraft must fly centered on the 500 feet show line when in the display area. No lateral or turning maneuvers are performed in that area and the aircraft must fly past the spectator areas and make a non-aerobatic turn to re-enter the aerobatic display area (Figure 3-27).

2.          For multi-aircraft demonstrations the flying display area must be wide enough to contain all maneuvers and/or all aircraft where no aircraft or maneuver is closer than 500 feet from a spectator area (Figure 3-27B and Figure 3-27C).

3.          For single aircraft performing lateral and/or turning maneuvers the flying display area must be wide enough to contain all maneuvers where the aircraft or maneuver is closer than 500 feet from a spectator area (Figure 3-27A).

2)          The 500-foot show line may also be used for flybys. In this case, clearly delineate the CAT III show line for high performance aircraft.
3)          For flybys and ingress/egress routes place corner markers on the ground to clearly identify the 500-foot lateral separation from the primary spectator area and that marker must be visible from 500 feet AGL at 200 knots (Figure 3-29).

G.      Takeoff and Landing Distances from Spectators.

1)          As listed in Table 3-2, an aircraft’s performance characteristics will determine the minimum distance required between the spectator area and the takeoff/landing surface. The guidance pertaining to aircraft operations applies to all aircraft operating at an aviation event while the waiver is in effect. These same safety distances are recommended to be applied starting when spectators are allowed into the show site until all spectators have left the show site.

Table 3-2. Minimum Distance between Spectator Areas, Built-up Areas or Occupied Buildings and Take-off/landing Surface

Minimum Distance between Spectator Areas, Built-up areas or Occupied Buildings and Takeoff/Landing Surface

Aircraft Performance Characteristics

100 feet

Powered Parachute Aircraft

200 feet

(1) Airplanes, gyroplanes, and weight-shift control aircraft with reference speed for final approach (Vref) of 60 kts or less and a certificated gross weight of 2500 lbs or less, including ultralights (airplanes, gyroplanes, and weight-shift control) (See Figure 3-25)

200 feet

(2) Gliders, powered and unpowered paragliders, and hang gliders (See Figure 3-25)

200 feet

(3) Helicopters—engine start and shutdown and hover taxi in ground effect (See Figure 3-30)

300 feet

Airplanes and gyroplanes with Vref of more than 60 kts but less than 100 kts and certificated gross weight of 50,000 lbs or less (See Figure 3-25A)

500 feet

(1) Airplanes and gyroplanes with Vref in excess of 100 kts (See Figure 3-25B)

500 feet

(2) Airplanes and gyroplanes with a certificated gross weight in excess of 50,000 lbs (See Figure 3-25B)

500 feet

(3) Airplanes and helicopter conducting excessive, non-aerobatic maneuvers on takeoff or landing (comedy acts) (See Figure 3-25B)

500 feet

(4) Helicopter—takeoff and landing (See Figure 3-30)

The minimum distances in this table for:

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

b)          Single aircraft operations conducted on the centerline may be measured to the runway centerline.

2)          Takeoffs and Landings—Aerobatic Maneuvers Conducted. When the takeoff runway is separated from the primary or secondary spectator areas by less than 500 feet for CAT III, 1,000 feet for CAT II, and 1,500 feet for CAT I aircraft:
a)          Aerobatics are not permitted over spectator areas or congested areas; or
b)          An aerobatic maneuver may be performed after takeoff when the aircraft has turned away from the spectator area and crossed the appropriate show line. (See Figure 3-28 and Figure 3-28A for CAT III aircraft example.)
3)          Helicopter Operations. As listed in Table 3-2, all helicopters must take off and land at a minimum distance of 500 feet from the spectator area during an aviation event and helicopters will not pass over spectator areas at any time, except as provided in subparagraphs 3-147H and I below, during the departure and arrival. Helicopters must start up and shut down at a minimum distance of 200 feet from the crowd and hover taxi in ground effect or ground taxi at a maximum ground speed of 20 knots ground speed between the takeoff/landing areas and the startup/shutdown area.
4)          Aircraft Towing. Conduct glider, hang glider, and paraglider towing (airplane/automobile) at a minimum distance of 200 feet from the crowd.

H.      Flight over Primary Spectator Area.

1)          Civilian and Military Aircraft. Flight over the primary spectator area is permitted when at or above 1,000 feet above the spectators.
2)          Military Jet Demonstration Teams. When authorized by AFS-800, military demonstration teams are permitted to fly at a minimum altitude of 500 feet over the primary spectator area if:
a)          Flight is non-maneuvering and straight and level or wings level in a normal climb; and
b)          The direction of flight is in one direction only—back to front or front to back.

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

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

J.          Flyby. A flyby can be performed by a single aircraft, by aircraft in formation, or by aircraft in trail.

1)          No abrupt maneuvers between the corner markers may be performed along the 500 feet show line by CAT I or II airplanes,
2)          Conduct a flyby along show lines at a minimum horizontal distance of not less than 500 feet from primary spectator areas, secondary spectator areas, congested areas, or occupied buildings; and in accordance with the following conditions:
a)          By CAT I or II airplanes—no lower than 100 feet AGL when less than 1,000 feet from a designated spectator area, unless the pilot possesses a current surface level SAC card for the make and model of airplane being flown;
b)          By all airplanes—using a bank angle of no more than 75 degrees, a pitch angle of no more than 60 degrees, and a maximum indicated airspeed of no more than 300 knots, regardless of the show line CAT;
c)          By formation flights, no lower than 200 feet AGL, using a bank angle of no more than 60 degrees, a pitch angle of no more than 45 degrees and a maximum indicated airspeed of no more than 250 knots, regardless of the show line CAT.
3)          Corner markers must be highly visible landmarks or contrasting markers easily visible from 200 feet AGL at 200 KIAS that identify the crowd line 500-foot lateral separation (corner) points left and right of the primary spectator area (see Figure 3-29).

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

K.      Airshow Maneuvers Toward Primary Spectator Area. The categories for airshow maneuvers towards the primary spectator area are as follows:

·              Unacceptable level of risk—prohibited.

·              Acceptable level of risk—no approval required.

·              Acceptable level of risk—approval required.

1)          Prohibited Maneuvers. Aerobatic maneuvers conducted inside the aerobatic box that in the event of a catastrophic failure a part of the aircraft would contact the surface at or inside the primary spectator area between the corner markers are prohibited.
2)          Permitted Maneuvers—No Approval Required. The following maneuvers are permitted without any additional approval:
a)          Aerobatic maneuvers in which the aircraft, but not the actual energy vector, is momentarily pointed towards the primary spectator area (e.g., hammerhead turns, spins, tail slides, torque rolls, and lomcevaks).
b)          High energy maneuvers such as minimum radius turns (maximum of 90 degrees of bank) by single aircraft on the appropriate show line for the aircraft CAT in accordance with the following (see Figure 3-30A):

1.          CAT III aircraft—maximum altitude of 250 feet,

2.          CAT II aircraft—maximum altitude of 300 feet, and

3.          CAT I aircraft—maximum altitude of 500 feet.

c)          Non-aerobatic maneuvers by a single aircraft with an energy vector directed towards the primary spectator area provided the aircraft remains beyond the appropriate reference line for their show line CAT ( i.e., 500 feet for CAT III; 1,000 feet for CAT II, 1,500 for CAT I) (see Figure 3-28B).
d)          Flight over the spectator areas in accordance with subparagraphs 3-147H and 3-147I.
e)          Repositioning turns in accordance with subparagraph 3-147L.
3)          Permitted Maneuver—Approval Required. The following maneuvers are prohibited unless approved in accordance with paragraph 3-149, FAA AFS-800 Maneuver Packages Approval Process:
a)          Aerobatic maneuvers which direct an energy vector toward the primary spectator at any point, other than those described in subparagraph 3-147L1), which are prohibited; and
b)          Non-aerobatic maneuvers by multiple aircraft or aircraft in formation with an energy vector directed towards the primary spectator area.
c)          Aerobatic 360 degree turns with an energy vector directed towards the primary spectator area:

1.          For single aircraft that exceed the requirements of paragraph 2)b) above; or

2.          For multiple aircraft.

L.        Repositioning Turns.

1)          Return to the Flying Display Area/Aerobatic Box. Conduct repositioning turns that may have an energy vector directed towards the primary spectator area made for the purposes of returning to the flying display area or aerobatic box to realign with the appropriate CAT aircraft show line as follows:
a)          Civilian performers.

1.          Holders of a SAC card and flying CAT III or CAT I and CAT II ex-military fighters are permitted to perform repositioning turns using a maximum of 120 degrees of bank and 90 degrees of pitch when above 500 feet AGL and not over designated spectator areas or congested areas.

2.          Holders of an endorsement for pitch and bank angles up to 90 degrees are permitted to perform repositioning turns to those limits above 500 feet AGL when not over designated spectator areas or congested areas.

b)          Military jet demonstration teams and single ship demonstration teams.

1.          Military demonstration teams with accepted maneuvers packages are permitted to exceed a maximum of 120 degrees of bank and 90 degrees of pitch; and

2.          Pitch and bank angles must not exceed standard operating procedures prescribed for the specific aircraft; and

3.          Inverted flight is not authorized below 1,500 feet AGL and not over congested areas or spectator areas.

2)          Inside the Flying Display Area/Aerobatic Box. When it is not practical to leave the flying display area or aerobatic box in between segments of a flight demonstration, repositioning turns that have an energy vector directed towards the primary spectator area and are made for the sole purpose of remaining in the flying display area and realigning with the appropriate CAT show line are permitted in accordance with the following:
a)          Holders of a SAC card or an endorsement for pitch and bank angles up to 90 degrees are permitted to perform repositioning turns and/ or clearing turns to a maximum 90 degree bank;
b)          The turns are carried out without abrupt control inputs during the portion of the turn when the aircraft is directing energy at the crowd; and
c)          The turns are conducted in a manner to ensure the aircraft remains beyond the appropriate distance for their show line CAT (i.e., 500 feet for CAT III; 1,000 feet for CAT II, 1,500 feet for CAT I).

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

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

·              The requirements in subparagraph 3-147N below are met.

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

1)          Confine aerobatic demonstrations at night to 1 NM on either side of the show center along a well-defined, lighted show line.
2)          Confine aerobatic demonstrations to altitudes above 500 feet AGL and below 5,000 feet AGL after official sunset.
3)          The minimum weather conditions at night require a cloud base no lower than 2,500 feet and 3 statute miles visibility. Section 91.155 will not be waived for any flight conducted between sunset and sunrise.
4)          Aircraft position lights must be operating from sunset to sunrise except while pyrotechnics on the aircraft are illuminated unless § 91.209 is waived. Waive § 91.209 only if the flight is conducted totally within Class B, C, D or TFR airspace.
5)          When pyrotechnics are illuminated, operations over persons are prohibited at any altitude.

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

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

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

P.          Helicopter Demonstrations.

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

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

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

·              Minimum altitude—200 feet AGL,

·              Maximum bank—30 degrees,

·              Maximum speed—300 knots, and

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

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

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

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

S.          Experimental Amateur-built and Exhibition Aircraft. The aircraft can be flown acrobatically if it is airworthy and not prohibited from aerobatic flight. The performer must provide to the IIC documentation of the aerobatic maneuvers authorized in accordance with the aircraft operating limitations. The IIC should consult with the airworthiness inspector regarding suitability.

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

U.        Ground-based Pyrotechnics. As appropriate, in addition to the applicable airshow special provisions listed on the FAA Internet site at http://www.faa.gov/about/initiatives/airshow/waiver/ and on the FAA employee’s Intranet site at https://intranet.faa.gov/faaemployees/org/linebusiness/avs/offices/afs/programs/airshows/tora/index.cfm, include the pyrotechnics special provisions and checklist (see Figure 3-39) for events that will use ground-based pyrotechnics, if the ground-based pyrotechnics will be installed and/or detonated anywhere on the airport surface.

V.        Glider Operations. The following criteria apply only to glider operations.

1)          Motorized and non-motorized gliders fall into the CAT III aircraft group. CAT III aerobatic box and performance distances apply.
2)          Unless obstructions are present that would make a taxiway takeoff unsafe, it should be permitted with a minimum distance of 200 feet from the primary spectator area (see Figure 3-25). This distance may be reduced to 150 feet if the takeoff path is at an angle of at least 10 degrees away from the spectators.
3)          Landings may be approved on the taxiway used for the takeoff as long as there are no obstructions or adverse wind conditions that would create a hazard to the spectators. If the landing approach requires a low altitude turn over the spectators, landing on a taxiway is not permitted. After landing, the aircraft must come to a full stop at least 50 feet from spectators.

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

X.        Ingress and Egress Routes Into and Out of the Flying Display Area.

1)          All Civil and Military Aircraft. For flight over congested (built-up) areas adjacent to flying display areas:
a)          Section 91.119(a) will not be waived for aerial demonstration purposes. Section 91.119(a) requires that all pilots must always operate an aircraft at an altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface, except when necessary for takeoff or landing; and
b)          Aerobatic maneuvers are prohibited.
2)          All Civil and Military Aircraft (Except for Sanctioned Military Demonstration Teams). For flight over congested (built-up) areas adjacent to the flying display area:
a)          Minimum Altitude. At least 1,000 feet above the highest obstacle within a radius of 500 feet from the aircraft;
b)          Ingress from Adjacent Congested Areas (Built-up Areas) to Flying Display Area. Aircraft entering a flying display area from over a congested (built-up) area are permitted to leave the minimum altitude specified above in subparagraph 3-147X2)a) to complete a smooth transition to the performance altitude on the flight line; however, the angle of descent should not be lower than a normal approach for that aircraft type (i.e., steeper than normal approaches are permitted).
c)          Egress from Flying Display Areas to Adjacent Congested (Built-up) Areas. Aircraft exiting a flying display area to a congested (built-up) area should climb at a rate consistent with the safe operation or best pitch attitude for that aircraft type. If extended flight over the built-up area is expected, compliance with the minimum altitude specified above in subparagraph 3-147X2)a) is required (see Figure 3-31).

Y.        Compensation at Airshows.

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

3-148          MILITARY PERFORMANCES.

A.        General. The guidelines in this paragraph apply to military aircraft, military pilots, and parachute teams specifically designated to perform missions for the U.S. DOD and the Canadian DND.

1)          Only the Aviation Liaison Officer in the Office of the Assistant Secretary of Defense for Public Affairs can sanction a U.S. DOD team
2)          Canadian DND Sanctioned Military Teams. The Canadian DND-sanctioned military teams are the Canadian Forces Snowbirds, the Canadian Forces CF-18 Demo Special Events, and Sky Hawks. Their contact information is listed on http://www.faa.gov/about/initiatives/airshow/military.
3)          The DOD-sanctioned single ship military demonstration teams are not exempt from any regulation or policy that is used in issuing a waiver unless specifically stated in their FAA-accepted command guidance. Fly these aircraft in accordance with these guidance documents (see paragraph 3-148C below).
4)          FAA headquarters does not issue any blanket special approvals, authorizations, waivers, or blanket exemptions that would pertain to all military airshow performances. The sanctioned North American Jet Demonstration teams have maneuver packages that are approved each year and pertain only to the team for whom it was approved.
5)          Forward any outside complaints received by the FAA as a result of the aerial demonstration to the designated military representative for disposition. Direct any questions by FAA representatives involving a military team to the appropriate team.
6)          Enforcement action against any military team or performer will be conducted according to current FAA policy (see the current edition of FAA Order 2150.3, Compliance and Enforcement Program). When enforcement action is initiated, the IIC must notify the national airshow coordinator through the regional airshow coordinator.
7)          All accidents and incidents must be reported to the national airshow coordinator by the IIC through the regional airshow coordinator.

B.        Sanctioned Military Jet Demonstration Teams. This title pertains only to The Blue Angels, The Thunderbirds and the Snowbirds. A list containing their contact information is available at http://www.faa.gov/about/initiatives/airshow/military.

1)          The sanctioned military jet demonstration teams provide AFS-800 with command-approved maneuvers packages for approval. See paragraph 3-149 for the approval/acceptance process.
2)          These teams normally will conduct preseason meetings with the airshow event organizer and jurisdictional FAA offices. These meetings will usually occur in the winter months before the start of the airshow season. Participation in these meetings is mandatory for the jurisdictional FSDO. It is incumbent upon the event organizer to notify the appropriate FSDO in ample time to send a representative to the meeting. The FSDO will notify the regional airshow coordinator of the meeting. It is imperative to review site suitability in detail with the event organizer and military jet demonstration team representative at this meeting. This will include, but is not limited to, the placement of the aerobatic box and impact on the nonparticipating public on the surface under this box, review of proposed ingress/egress routes that will require FAA approval and any impact on scheduled air carrier operations.
3)          Coordinate any change to an FAA maneuvers package or the addition or removal of a pilot authorized to fly under the prescribed maneuvers package with the national airshow coordinator as soon as possible. These changes are not authorized until accepted or approved by AFS-800 and the national airshow coordinator.
4)          Military jet demonstration teams and military Single ship Demonstration teams may conduct an arrival demonstration. This normally consists of several passes for visual familiarity with existing landmarks and maneuvers practice using these landmarks. Coordinate details of the arrival demonstration in advance. For the military demonstration teams, this should be accomplished at the preseason meeting.
a)          The arrival demonstration must be previously approved and meet all FAA regulations and requirements as stated in the waiver and special provisions. The main difference between the arrival demonstration and a regular demonstration is that the normal size crowd is not present, which may preclude the need for crowd control.
b)          The teams often ask to have the team advance coordinator or operations officer accept the arrival demonstration briefing and relay all necessary information to the team. The IIC should allow this if the team representative is a rated aviator or a nonrated officer serving with the team. Briefings with the team representative must be completed before the team’s arrival at the demonstration site. It is mandatory that the IIC or IIC’s representative is present at this briefing.
5)          The sanctioned military jet demonstration teams have FAA-approved maneuvers packages. The maneuvers packages describe each demonstration maneuver in detail and specify ingress/egress routes. Flight over congested (built up) areas adjacent to flying display areas (ingress and egress) must be carried out as follows:
a)          They are authorized to fly nonaerobatic at 500 feet above obstacles and/or occupied buildings when within 3 NM of show center.
b)          The opposing solos are permitted to descend below 500 feet AGL in the transition area over occupied buildings in a wings level shallow descent to arrive at 200 feet AGL before reaching 1 NM from show center.
c)          On a case-by-case basis, where it is deemed a safe transition to the next maneuver, the IIC will grant a waiver to the sanctioned military jet demonstration teams permitting them to fly as low as 200 feet above the highest obstacle within a 500-foot horizontal radius along specified ingress/egress routes within 3 NM from show center, provided the following conditions are met:

1.          A request is sent or given to the IIC by an authorized team member for each show site.

2.          The results of a completed onsite survey conducted during the current airshow season by a representative of the military demonstration team.

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

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

d)          Flight is never authorized below 500 feet:

1.          Over occupied buildings outside of the transition area;

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

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

C.        Sanctioned Military Single Ship Demonstration Teams—Military Single-Ship Demonstrations. The military single ship demonstration teams are the sanctioned North American military specialized teams that demonstrate the capabilities of one particular aircraft; (e.g., the USAF A-10, F-15, F-16, and F-22 single ship demonstration teams); the USN F-18 single ship demonstration teams; and Canada’s DND single ship demonstration teams. The applicable branch of the military must develop guidance and/or maneuver packages, which define the aerobatic routine to be performed at aviation events (see paragraph 3-149).

D.      Other U.S. Military Demonstration Teams. Other U.S. military demonstration teams include the USAF Heritage Flights and the USN Tailhook Legacy Flights. These flights may include a victory roll at the end of their performance and is the only aerobatic maneuver authorized but is not authorized over spectator areas or occupied buildings and must conform to military guidance or meet civilian requirements as appropriate. Various other military aircraft may be authorized for flybys, simulated in-flight refueling demonstration, simulated assault or rescue operation or other non-aerobatic operations or static displays.

E.        Other Foreign Military Demonstration Teams. Other foreign military flight demonstration teams single and multi-aircraft, must submit a maneuvers package to AFS-800 to ensure compliance with FAA guidance. See paragraph 3-149 for the approval process.

F.          Military Parachuting Demonstration Teams.

1)          Sanctioned Military Parachuting Teams. The sanctioned military demonstration teams are the U.S. Army Golden Knights, USN Leap Frogs and the Canadian DND Skyhawks. The sanctioned military parachute teams are considered to have met the highest level of parachuting certification. The team members need not be listed on an application for a FAA Parachuting Authorization application, FAA Form 7711-2. The sponsor or responsible person may make the application for a sanctioned team.
2)          Non-sanctioned Military Parachuting Teams. Non-sanctioned military teams are not performing any demonstrations for the DOD or DND, therefore must meet all the same requirements as any civilian team.

G.      DD Form 2535 (military participation). The DOD requires the event organizer, or a designated representative, to complete DD Form 2535 when requesting a U.S. military aerial demonstration team on or off a military installation. The event organizer or representative must forward the form to the appropriate FSDO. The event organizer must allow for a 30-day review period. The FSDO completes Section IV, FAA Coordination (Airspace Coordination). Classify the proposed site requiring a waiver as satisfactory, conditional-satisfactory, or unsatisfactory during an FAA inspector conducted site feasibility study. The USAF is using an automated DD Form 2535 and the applicant can only obtain it by accessing their Web site: http://www.acc.af.mil/aerialevents.

·              A satisfactory classification indicates that a waiver is not required or can be issued following compliance with other stated requirements.

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

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

1)          Generally, the standard aerobatic box for the Blue Angels and Thunderbirds is 12,000 feet by 3,000 feet. The Snowbirds usually request 8,000 feet by 3,000 feet. For a single ship demonstration team, the standard aerobatic box is 6,000 feet by 3,000 feet. The support manuals and some maneuvers packages will indicate the size of the required airspace.
2)          Military Flybys (Other than an Aviation Event). DD Form 2535 for a flyover or flyby at civic events, funerals, etc., are submitted to the local FSDO for FAA coordination. Other than the three sanctioned North American Jet Demonstration teams, the flybys should be accomplished at 1,000 feet above the highest obstacle within 2,000 feet horizontal from the flight path.
a)          If no regulations are being waived:

1.          No site evaluation is necessary.

2.          Contact the AT facility with jurisdiction for the air space being used for coordination and enter the AT contact information in block 18 of Section IV.

3.          Check the appropriate boxes (a through g) in block 16.

4.          Check the appropriate box in block 17. If other that satisfactory, enter the conditions for “Conditionally Satisfactory” or reason(s) for “Unsatisfactory” in block 18.

b)          If a waiver of one or both of the following regulations is require:

1.          If the speed requested is above those authorized in § 91.117

2.          If one of the sanctioned military jet demonstration teams is requesting a flyover below 1,000 feet above the highest obstacle 2,000 feet either side of their flight path as required in § 91.119.

3.          If a waiver of § 91.119 is issued to one of the sanctioned military jet teams, the follow conditions must be met:

a.            A site suitability must be conducted including ingress and egress routes,

b.          Flight below 500 feet above the highest obstacle 1,000 feet either side of the intended flight path is not authorized, and

c.            Only shallow turns, climbs and descents are authorized below 1,000 feet AGL.

4.          In addition the following coordination requirements must be met:

a.            Conduct a briefing between the PIC and ASI before the flyby.

b.          Compliance with all other rules of part 91 is required.

3-149          FAA AFS-800 Maneuvers Packages Approval Process.

A.        North American and Foreign Military Flight Demonstration Teams. North American and Foreign Military flight demonstration teams, single-ship demonstration teams, and mixed military and civilian formation demonstrations who conduct public performances in the United States. require FAA acceptance of their command-approved maneuvers package or accepted aerial demonstration guidance by AFS-800. Some of the maneuvers described in these packages may not conform to all guidance requirements in Volume 3, Chapter 6 (e.g., airspeed, altitude over primary spectator area, etc.) and therefore require FAA acceptance of their maneuvers package (see paragraph 3-148 above).

B.        Civilian Performers. Civilian performers requesting approval for one or more maneuvers described in subparagraph 3-147K) or relief from one or more requirements listed in this chapter require FAA acceptance and must make an application as follows:

1)          The applicant must fill out an applicant to include (applicants that are applying for relief from a requirement and not an approval of a maneuver need only comply with a) and b) below and send request to address listed in subparagraph 3) below):
a)          A copy of the performer’s SAC (FAA Form 8710-7 or Transport Canada Form 26-0307);
b)          A detailed description of the maneuver(s) requiring approval or relief;
c)          A pictorial display (e.g., ribbon drawing) of the maneuver(s) including the sequence in which the maneuver(s) will be flown;
d)          The entry and exit airspeed and altitude for the requested maneuver;
e)          The airspace required to complete the maneuver(s) requiring approval to include lateral, horizontal and vertical distances;
f)              A computation of turn radius, scatter radius and safety radius from the closest points to the primary spectator area of the maneuver(s) needing approval using the formulas listed in subparagraph 3-151 noting the airspeed, altitude and G forces used in the computations; and
g)          An evaluation from an ICAS or EAA aerobatic competency evaluator verifying the following.

1.          The maneuver has been demonstrated,

2.          It can be performed competently with regularity,

3.          It has been demonstrated by the applicant to be within the airspace described in 4 above, and

4.          It does not meet the definition of a Prohibited Maneuver as described in subparagraph 3-147K1).

2)          Upon completion, the aerobatic competency examiner will forward the application and evaluation results to: ICAS Safety Committee Chairman, 750 Miller Drive, S.E., Suite F-4 F-3, Leesburg, Virginia 20175.
3)          Upon receipt, the Safety Committee will review the application and documentation. Within 15 working days of receipt, the Safety Committee Chairman will forward the application package with comments to: FAA Headquarters, AFS-800, 800 Independence Avenue, SW, Washington, D.C. 20591.
4)          AFS-800 will notify the applicant of the results within 30 days of receiving the application package from the ICAS Safety Committee Chairman.

C.        Evaluation Process. An evaluation is required to assure an equivalent level of safety for spectators in case of an incident involving the aircraft. AFS-800 and the National Air Show Coordinator will decide what the appropriate evaluation requires. This will depend on the requested maneuver(s) and completeness of the application. The review may include but not limited to a safety committee of subject matter experts as determined by AFS-800.

1)          The following criteria will be used to evaluate maneuvers for compliance:
a)          Aerobatic maneuvers which direct an energy vector toward the primary spectator at any point, other than those described in subparagraph 3-147K1), which are prohibited.
b)          Non-aerobatic maneuvers by multiple aircraft or aircraft in formation with an energy vector directed towards the primary spectator area.
c)          360 degree turns with an energy vector directed towards the primary spectator area:

1.          For single aircraft that exceed the requirements of subparagraph 3-147K2)(b) above; or

2.          For multiple aircraft.

2)          Below is an outline of the FAA acceptance process:
a)          Military Flight Demonstration Individual Pilots or Teams planning to perform an aerobatic demonstration in the United States must submit an application package that contains the following requirements:

1.          A complete copy of their maneuvers package must be furnished to AFS-800, National Air Show Coordinator, and;

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

·              A ribbon pictorial (or equivalent) of all maneuvers in the performance,

·              Minimum and maximum operating altitudes,

·              Distances from the designated spectator area, and

·              Relationship of the aircraft to the show line.

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

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

5.          A proposed date for a private demonstration/review by the National Air Show Coordinator.

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

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

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

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

c)          For all civilian teams or individuals requesting a maneuvers package approval for relief from one or more requirements in this guidance will submit a letter of request. The letter must include:

·              A team roster, including the address, telephone number, fax number and e-mail address of the point of contact (POC).

·              If foreign, a list of the aircraft used in the demonstration and a description of how they intend to conduct flight demonstrations in the United States.

·              If requesting an approval for a maneuver not meeting the description in subparagraph 3-147K2) (acceptable maneuvers) then submit an application in accordance with subparagraph 3-149B above.

d)          Final acceptance of approved maneuvers. The national airshow coordinator will coordinate any necessary changes with the applicant. Changes may also be coordinated with an appropriate committee selected by AFS-800.

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

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

1)          If the applicant is unable to provide adequate information about the event or jumper’s qualifications, inspectors may require a demonstration jump (not over a congested area) before approving an authorization.
2)          The FAA authorized the USPA to adopt its own safety rules and licensing standards for parachutists, instructors, and jumpmasters. Additionally, the USPA has pledged to implement a policy of self-policing so that conflicts with other airspace users are avoided and a high level of safety is maintained. Toward this goal of assisting the FAA, the USPA has supplied every FSDO with a brochure of its rules and safety programs and has offered assistance any time the FAA has encountered problems with a particular club or has questions regarding parachuting.
3)          Airborne demonstrations, other than those performed by the DOD, must have an approval letter from AFS-800 containing the conditions for these demonstrations if the equipment, opening altitude and jump experience does not meet the requirements found in this paragraph.

B.        Safety. Title 14 CFR part 105 states rules designed to protect the general public and other users of the national airspace from sport parachuting activities.

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

C.        COA (FAA Form 7711-1). Section 105.21 includes rules applicable to jumps over or into congested areas or open-air assemblies of persons. Any jump over or into a congested area requires FAA Form 7711-1. Section 105.15(a) (1 through 7) lists the information required when applying for a COA.

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

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

1)          Open field and Level I landing areas require a current USPA class C or D license (or equivalent), a minimum of 200 jumps, of which 50 jumps were within the last 12 months to include 5 jumps within the previous 60 days on the same make and model canopy to be used for the demonstration.
2)          Level II and stadium landing areas require a class D license with a pro rating (or equivalent), and 50 jumps within the last 12 months to include 5 jumps in the previous 60 days on the same make and model canopy.
3)          USPA issues the PRO rating with an expiration date that coincides with the expiration date of the holder’s USPA membership. USPA members are renewed on the basis of continued demonstration of the original certification requirements. USPA original certification requirements are memberships in USPA, a USPA class D license, and the accomplishment of 10 successive jumps into a 10-meter (33 feet) diameter target area in accordance with the following:

·              Accomplish all required jumps with a stand-up landing;

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

·              Either a safety and training advisor or an instructor/examiner and at least two other spectators witnesses qualification jumps.

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

1)          Open Field.
a)          A minimum-sized area that will accommodate a landing area no less than 500,000 square feet (e.g., approximately 750 by 750 feet, or an area with the sum total that equals or exceeds 500,000 square feet);
b)          Allows a jumper to drift over the spectators with sufficient altitude (250 feet) so as to not create a hazard to persons or property on the ground; and
c)          Will accommodate landing no closer than 100 feet from spectators.
2)          Level I Landing Area.
a)          An open area that will accommodate a landing area no smaller than 250,000 square feet (e.g., approximately 500 by 500 feet); and
b)          Permits jumpers to land no closer than 50 feet from the spectators and to pass over the spectators no lower than 250 feet, including the canopy and all external paraphernalia.
c)          Many open field athletic areas and airport operational areas constitute Level I landing areas.
3)          Level II Landing Area.
a)          An open area that will accommodate a rectangular, square, oval or round shaped landing area of approximately 5,000 square feet for no more than four jumpers, with at least 50 feet in width. An additional 800 square feet minimum for each additional jumper over four for any jumper landing within 30 seconds of the last of any four jumpers; and
b)          Permits jumpers to land no closer than 15 feet from the spectators and to pass over the spectators no lower than 50 feet including the canopy and all external paraphernalia.
c)          Athletic fields 150 yards in length by 80 yards in width, or smaller with bleachers, walls, or buildings in excess of 50 feet in height on two or more sides above the landing surface, are defined as stadiums and constitute Level II landing areas.
4)          Stadium. A Level II landing area smaller than 150 yards in length by 80 yards in width and bounded on two or more sides by bleachers, walls, or buildings in excess of 50 feet high.
5)          Other Landing Area Considerations.
a)          A landing area that exceeds the maximum dimensions of a Level I landing area, permits a parachutist to drift over a congested area or open air assembly with a fully deployed and properly functioning parachute (if the parachutist is at sufficient altitude to avoid creating a hazard to persons and property on the ground), and that has no other safety concerns would likely not require a COA as required by 14 CFR part 105, § 105.21 or § 105.25.
b)          Any parachute jumping demonstration planned in conjunction with a public aviation event will require a COA with appropriate special provisions as required by § 105.21 and/or § 105.25 even if the landing area exceeds the maximum dimensions for a Level I area. A parachute jumping demonstration planned in conjunction with a public aviation event is one that takes place any time after the first spectator arrives for the event that day.

F.          Tandem Jump Demonstrations.

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

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

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

3-151          AIR RACES.

A.        Cross-country Air Races. Cross-country air races are normally proficiency type races and do not require waivers other than for altitude and speed at checkpoints along the route. This will require some coordination with the AT facility that services that airspace. See Volume 3, Chapter 7, Issue a Certificate of Waiver or Authorization: Section 91.119(b) and/or (c) (Minimum Safe Altitudes), for assistance and guidance in issuing a waiver for § 91.119. Airspeed may be waived in accordance with this chapter similar to military flybys described in subparagraph 3-148G2.

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

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

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

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

1)          Determine whether the air race course has AFS-800 approval.
2)          Determine if the participants have the proper qualifications by holding air race pilot authorization for the class in which they are participating.
3)          Obtain statements from the organization regarding the air racing currency of each airman.
4)          Determine whether the organization has established safety operating rules.
5)          Inform the regional and national airshow coordinators upon receipt of an air race application.

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

·              International Formula One,

·              Unlimited Division,

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

·              Formula V Air Racing Association,

·              Professional Race Pilots Assn. (Biplane),

·              Sport Class, and

·              Jet Class.

E.        Typical Racecourses. A diagram of a typical air race site is shown in Figure 3-40. A diagram of a typical unlimited racecourse is shown in Figure 3-40A. Two examples of suitable air race site diagrams are shown in Figure 3-40B. The following paragraphs discuss the method of determining the various distances used.

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

G.      Racecourse Speeds.

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

·              Formula V: 160 mph,

·              Sport Biplane: 210 mph,

·              AT-6/SNJ: 225 mph,

·              International Formula One: 250 mph,

·              Sport Class: 300 mph, and

2)          Unlimited and jet classes: 450 mph and higher.
3)          As additional classes become active, they will be added to this list with appropriate speeds specified.
4)          The maximum “g” loading for a race aircraft flying the course in a normal manner has been set at 3.5 “g’s.” In actual racing, where maneuvering and turbulence is encountered, momentary “g” loadings in excess of this figure can be expected.
5)          The speed and “g” loadings permit the calculation of the minimum radius turn that should be permitted in the design of the racecourse. The formula for the turn radius for a given “g” loading and speed is shown below. (Using a value of 3.5 for “g,” the minimum turn radius is shown for each racing class below.)

Minimum Turn Radius Formula

Minimum Turn Radius Formula

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

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

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

Scatter Distance Formula

Scatter Distance Formula

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

Scatter Radius Formula

Scatter Radius Formula

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

Safety Radius Formula

Safety Radius Formula

4)          The critical turn with respect to the safety radius is the turn that enters the portion of the race closest to the spectators. The safety area is constructed as follows:
a)          Bisect the course change angle for the critical turn;
b)          Mark off the minimum turn radius for the class of aircraft racing, as shown in Figure 3-28A, from the pylon position to a point on the angle bisector; and
c)          Draw an arc, whose radius is the safety radius, from the point described in subparagraph 3-151H3)c) above. No spectators can be within this arc (Figure 3-40).
5)          In some cases, it may be expedient to design the race course around the spectator area. While spectator area-to-show line distances are unchanged, the safety zone is now outside the spectator area and is no longer a factor. Roads to this kind of a race course layout must be completely closed off to the spectator area during the race.
6)          Race courses are normally flown in a counterclockwise direction (left turns). Problem sites may require flying the course in a clockwise direction (right turns). Other modifications of the race course, such as changing the angular relationship of the spectator line to move the crowd away from a turn pylon, or lengthening the race course to move the turn pylon away from the crowd, may also be necessary.

3-152          BALLOON MEETS AND COMPETITIONS.

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

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

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

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

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

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

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

1)          Responsibilities and Procedures:

·              Duties of personnel,

·              Registration and airworthiness determinations,

·              Pilot qualifications,

·              Pilot/crewmember briefing responsibilities,

·              Copy of letter(s) of agreement, and

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

2)          Ground Operations:

·              Clear areas,

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

·              Crowd control requirements, and

·              Landowner relations/notification.

3)          Flight operations:

·              Areas of operations,

·              Types of operations,

·              Altitudes,

·              Weather requirements,

·              Communications requirements, and

·              AT coordination.

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

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

·              Flight director (event director),

·              Person responsible for establishing and maintaining crowd control,

·              Event organizer’s FAA liaison, and

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

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

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

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

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

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

·              Pilot declared goal,

·              Judge declared goal,

·              Multiple judge declared goal,

·              Elbow,

·              Hare and hound,

·              Fly on task,

·              Gordon Bennett memorial,

·              Watership down, and

·              Key grab.

3-153          EVENT MANAGEMENT.

A.        Management Organization.

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

B.        Briefing (See Figure 3-41A). The importance of the participant briefing to the safe and successful conduct of a special aviation event cannot be overemphasized. At a safety briefing review all aspects of the flying, ground, and emergency procedures of the proposed airshow. Conduct the briefing in such a way that each of the performers and airshow personnel in charge of the air, ground, and emergency operations leaves the briefing with a clear understanding of their responsibilities and procedures to be followed in normal or emergency situations that may occur during the course of the aviation event.

1)          The requirements for a briefing held at an aviation event are as follows:
a)          Conduct a briefing before the beginning of an aviation event on each day of the event. A night show briefing can be incorporated into this briefing if all parties are present;
b)          Carry out a briefing in an area as free of noise and other distractions as possible, and you must limit attendance to flight crews, appropriate flight crew support staff, parachutists, ground performers such as pyrotechnic teams, public announcers, and other key event personnel as determined by the air boss and/or IIC;
c)          Verify each participant’s attendance at a briefing by roll call or otherwise, and a record retained for submission to the IIC, if requested;
d)          Performers who are not briefed are not permitted to participate in the aviation event covered in the briefing;
e)          For team performances, only the team leader is required; however, a delegate may represent the team leader, provided the person is a pilot member of the team;
f)              For an aircraft that is to be launched from a remote airfield, the briefing may be given to the aircraft’s pilot by telephone; and
g)          The briefing is conducted at a time as close to the performance time as practicable.
2)          The briefing must cover the following points, at a minimum:
a)          Key aviation event personnel (to include essential and event organizer personnel) are introduced and the means of communication with them is described.
b)          Weather—the briefing should be given by a meteorologist if one is available, but may be given by a flight specialist or experienced pilot. The briefing need only cover aspects of the weather that are significant to the conduct of the aviation event such as the altimeter setting, cloud cover or ceiling, visibility, winds and temperature, density altitude, and other weather data forecast for the period of the event. If a low ceiling program (marginal weather) has been approved, the weather minima and a “low show” program must be briefed. If § 91.155 (cloud clearance) is waived, this must be briefed.
c)          The airport airspace details, such as position, dimensions, height above MSL, the airspace in accordance with the NOTAM and/or any TFRs issued for the aviation event, local obstructions, warnings, and other pertinent information.
d)          The method of coordinating AT, including type of coordination, such as positive control by ATS, advisory by Flight Service Station (FSS), or other. This aspect of the briefing must include airshow frequencies and assigned radio call signs, if necessary. The method(s) of suspending the performance or recalling a performer by both radio and visual signals must be described.
e)          The aviation event site, including the position of the primary spectator areas, secondary spectator areas, show lines, show center, airshow demonstration area, hazards, direction of entry/exit lanes, holding areas, and alternate airports using aerial photographs, maps, scale diagrams, or other means of depiction.
f)              The performance schedule will include a performer’s on stage time and routine duration time. Additional timing information (e.g., startup, taxi, takeoff, show and landing timings) may be included at the discretion of the briefer. Participants, if required, are to note their onstage and offstage timings if required. Performers should be aware of the position of the act they follow and location for the start of their performance. During this portion of the briefing, other programmed flying events before, during, or after the airshow portion itself, such as balloons, parachutists, flybys, and similar aerial displays, must be covered.
g)          Wake turbulence can be a factor at any airshow where there is a mix of participants and should be addressed in preparing the flight program and mentioned at the briefing as a precaution to participants.
h)          The fire fighting and emergency services equipment available, including their location and the access routes to be kept clear, must be discussed.
i)              Pyrotechnic briefing, in accordance with subparagraph 3-147U. The pyrotechnic briefing card must be used by the shooter in command (Figure 3-39).
j)              Identification and location of all participating aircraft equipped with operable ejection seats, jettisoned fuel tanks, or ballistic parachute systems.
k)          Time check—to ensure all participants are using the same time for airshow coordination.
l)              The flight operations director or other person responsible for flight operations ensures that each performer understands the applicable special provisions with respect to individual low-level authorizations contained in the certificate of waiver issued for the airshow.
m)      Circling the jumpers—All key personnel involved with circling the jumpers must complete the briefing described in Figure 3-42.
n)          Any other subjects as necessary.

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

3-154          WEATHER CONDITIONS.

A.        Day.

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

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

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

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

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

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

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

1)          Special provisions may pertain to associated protective measures and control requirements that may not be specifically covered by the regulations. In addition, it may be necessary to increase one regulatory minimum in order to authorize safe deviation from another. For example, in order to permit aerobatic flight in Class D airspace, it might be necessary to increase the minimum visibility requirement to 5 miles or some other appropriate value.
2)          Indicates new/changed information. When applicable, IICs should insert the name of the responsible person, found in Block 2 of the application, into the text of the special provisions to indicate the holder of the certificate of waiver or authorization.
3)          Type the provisions with as little editorial change as possible onto the certificate of waiver or authorization form or on attached pages. Any special provisions add that are not listed on the airshow Web site (see subparagraph D below) must have Regional or National Air Show Coordinator approval before inclusion except for ATC instructions. Only include applicable special provisions. Numbers and language can be inserted or changed to suit each event only when necessary, appropriate, and in accordance with the guidance in this handbook. Editorial comments enclosed in square brackets, [ ], should not be included on the certificate.

D.      Examples of Common Special Provisions. The list of special provisions are found on the Internet at http://www.faa.gov/about/initiatives/airshow/waiver.

3-156          PREREQUISITES AND COORDINATION REQUIREMENTS.

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

1)          The inspector assigned this task is also responsible for the surveillance of the aviation event (see Volume 6, Chapter 11, Section 10, paragraph 6-2371).
2)          The inspector assigned this task and the subsequent surveillance must have completed OJT and participated in issuing a certificate of waiver and the surveillance of three aviation events with an inspector qualified in this task.
3)          For an aviation event at which a military demonstration team performs, the inspector must have satisfactorily completed OJT (including participation in the feasibility study, the preseason evaluation meeting, waiver preparation, and airshow surveillance) at an event that includes a military demonstration aerobatic team.

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

3-157          REFERENCES, FORMS, AND JOB AIDS.

A.        References (current editions):

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

·              AC 91-45, Waivers: Aviation Events.

·              AC 103-7, The Ultralight Vehicle.

·              AC 105-2, Sport Parachuting.

B.        Forms:

·              FAA Form 7711-1, Certificate of Waiver or Authorization (Figure 3-34).

·              FAA Form 7711-2, Certificate of Waiver or Authorization Application (Figure 3-32 and 3-33).

·              FAA Form 8710-7, Statement of Acrobatic Competency (Figure 3-35).

·              Transport Canada Form 26-0307, Statement of Aerobatic Competency (Figure 3-36).

C.        Job Aids:

·              Sample letters and figures.

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

3-158          GENERAL PROCEDURES.

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

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

Note:            DD Form 2535 can be found by going to one of the FAA airshow sites and selecting one of the DOD teams. The team names are hyperlinked to the team Web sites from which you can view, print, or download this form. The USAF and the USMC (U.S. Marine Corps) requires the sponsor to apply on their Web site for any type of support, flying or static displays (see http://www.faa.gov/about/initiatives/airshow/).

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

B.        PTRS. Open the PTRS File. Enter “1220” in the “Activity Code” box of the PTRS transmittal form and enter “PA” in the “National Use” box if the COA was issued for parachuting. Enter “1230” in the “Activity Code” box and enter “AS” in the “National Use” box if issued for an airshow, “AR” for an air plane air race and “BE” of any type of balloon event. Enter “1231” in the “Activity Code” box and enter “WI” in the “National Use” box if a waiver will be issued and “NW” if no waiver will be issued for the operation requested.

C.        Brief Applicant.

1)          Advise applicant on the procedures to prepare FAA Form 7711-2.
2)          Advise the applicant on the procedures to obtain the current editions of AC 91-45, AC 103-7 (if applicable), and AC 105-2.
3)          Provide applicant with FAA Form 7711-2 (Figure 3-32 through 3-33A).

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

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

B.        Conduct Feasibility Study.

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

C.        Indicates new/changed information. Complete Applicable Section of DD Form 2535. Fill in the appropriate FAA blocks on the form, with special emphasis on Block 17;

1)          For an aerial demonstration, select one of these three classifications:
a)          Satisfactory classification. A waiver can be issued following compliance with standard requirements of this chapter.
b)          Conditional-satisfactory classification (most common). The remarks section specifies specific conditions that must be met, such as closing roads, evacuating buildings, compliance with a crowd control plan, and minimum altitudes on ingress and egress routes.
c)          Unsatisfactory classification. The requested activity cannot be performed safely at the proposed site, and a waiver will not be issued.
2)          For a military flyby, select one of these three classifications:
a)          Satisfactory. The flight can be conducted without a waiver.
b)          Conditional-satisfactory classification. The remarks section specifies certain conditions that must be met and a waiver is required:

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

·              Compliance with all non waived section of part 91 is required; and

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

c)          Unsatisfactory classification. Requested activity cannot be performed safely at the proposed site, and a waiver will not be issued.
3)          The ASI must ensure the information in the remarks section of DD Form 2535 is coordinated with the commanding officer authorizing the aerial demonstration or military flyby if a waiver is required.
4)          Sign the form.
5)          Retain a copy of DD Form 2535 for the office file. Return the original to the show sponsor.

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

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

·              DD Form 2535;

·              Onsite evaluation;

·              Conditional-satisfactory requirements;

·              Safety concerns unique to the site;

·              Past events, if appropriate;

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

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

3-160          GENERAL PROCEDURES CONTINUED.

A.        Indicates new/changed information. Indicates new/changed information. Evaluate FAA Form 7711-2. Using the information provided by the applicant and the background in section 1, review FAA Form 7711-2 for all pertinent information and supporting documents for the proposed aviation event. Accept strikeovers that are minor in nature and initialed by the applicant. Blocks 11 through 16 apply to airshow waiver requests only.

1)          Indicates new/changed information. Blocks 1 and 2—Name of Organization and Responsible Person. Ensure that the applicant has indicated the name of the organization in Block 1. Annotate “N/A” in Block 1 if an individual is applying. Annotate the name of the responsible person or the individual applying in Block 2.
2)          Block 3—Permanent Mailing Address. Ensure that the applicant indicates the permanent mailing address of the organization named in Block 1 or the individual named in Block 2.
3)          Block 4—Enter “N/A” since this pertains to banner towing only.
4)          Block 5—Enter “N/A” since this pertains to banner towing only.
5)          Block 6—Section and Number To Be Waived. Ensure that the applicant has listed all sections of the regulations to be waived.
6)          Indicates new/changed information. Block 7—Description of Proposed Operation. Determine if the applicant has correctly indicated the type of aviation event.
7)          Indicates new/changed information. Block 8—Area of Operation. Ensure that the applicant has listed the specific locations and the lateral and vertical limits of the aerial demonstrations.
8)          Indicates new/changed information. Indicates new/changed information. Block 9—Beginning Date and Hour and Ending Date and Hour. Check for a beginning date and time, and an ending date and time for the aviation event.
9)          Indicates new/changed information. Block 10—Aircraft and Pilots. Check for aircraft make and model, pilot names, certificate numbers and ratings, and full home addresses. A notation stating the show line CAT must be annotated with each make and model of aircraft. Ensure that parachutist names, license class, and addresses are included. Block 8 may be accepted with a statement, “A list containing aircraft and pilot information (and/or parachutist information) will be furnished on [applicant enters a specific date and time].”
10)  Indicates new/changed information. Blocks 11 and 12—Event Organizer. Ensure that the applicant has indicated the event organizer (organization or individual) of the aviation event and the event organizer’s address.
11)  Indicates new/changed information. Block 13—Policing. Ensure that the applicant has described provisions for policing the event. Specify if a written formal plan has been provided to IIC. Block 11 may be accepted with a statement “A crowd control plan will be furnished on [applicant enters a specific date and time]” or “crowd control plan N/R” (if approved by IIC).
12)  Indicates new/changed information. Block 14—Emergency Facilities. Ensure that the applicant marked all blocks that will be available at the time and place of the event.
13)  Indicates new/changed information. Block 15—ATC. Ensure that the applicant has described the method of controlling AT, including the arrival and departure of aircraft, requested TFR in accordance with § 91.145, as applicable, and has coordinated with the appropriate FAA ATC. Add a notation stating if TFR requested from ATC.
14)  Indicates new/changed information. Block 16—Schedule of Events. Ensure that the applicant has listed all events and dates and times. Block 16 may be accepted with a statement “A final schedule of event will be furnished on [applicant enters a specific date and time].”
15)  Indicates new/changed information. Block 17—Certification. Ensure that the applicant has signed and dated the application.

B.        Determine if Application Is Complete.

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

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

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

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

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

E.        Approve or Disapprove Waiver.

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

F.          Develop Special Provisions List. Develop the list of special provisions appropriate to the aviation event using the information submitted with the application and the suggested special provisions on the airshow internet site (http://www.faa.gov/about/initiatives/airshow).

G.      Issue Certificate of Waiver or Authorization.

1)          Complete FAA Form 7711-1, (Figure 3-34) as follows:
a)          In the “Title” block, use “X’s” to mark out the inappropriate word.
b)          Indicates new/changed information. Enter the waiver holder’s and responsible person’s names and addresses as they appear in Blocks 1 and 2 on the application.
c)          Include a brief summary of the aviation event in the “Operations Authorized” block. For aviation events involving aerobatic flight, clearly define the dimensions of the affected airspace. In the case of parachute demonstration jumps, use the following statement, “Parachute demonstrations are authorized in accordance with § 105.21.”
d)          Except for parachute demonstrations, include in the “List of Waived Regulations” and “Title” blocks each specific regulation waived by the FAA. Ensure that the listed regulations correspond to those on FAA Form 7711-2 and conform to § 91.905. When many regulations are involved, list the specific rules on a separate sheet of paper and attach it to the certificate. Use the following statement, “A list of waived regulations is attached.”
e)          Place the total number of special provisions in the appropriate spaces in the “Special Provisions” block.

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

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

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

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

H.      PTRS. Make the appropriate PTRS entry.

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

·              Issuance of a certificate of waiver,

·              Issuance of a COA, or

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

3-162          FUTURE ACTIVITIES.

·              Surveillance of an aviation event.

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

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

Figure 3-24. Example of an Airshow Layout

Figure 3-24. Example of an Airshow Layout

Figure 3-25. Minimum Separation Distance (200 Feet) Between Runway or Takeoff Area and the Primary Spectator Area

Figure 3-25. Minimum Separation Distance (200 Feet) Between Runway or Takeoff Area and the Primary Spectator Area

Figure 3-25A. Minimum Separation Distance (300 Feet) Between Runway or Takeoff Area and the Primary Spectator Area

Figure 3-25A. Minimum Separation Distance (300 Feet) Between Runway or Takeoff Area and the Primary Spectator Area

Figure 3-25B. Minimum Separation Distance (500 Feet) Between Runway or Takeoff Area and the Primary Spectator Area

Figure 3-25B. Minimum Separation Distance (500 Feet) Between Runway or Takeoff Area and the Primary Spectator Area

Figure 3-26. Minimum Distance from Spectators for Category I

Figure 3-26. Minimum Distance from Spectators for Category I

Figure 3-26A. Site Layout with Flying Display Area Less Than 1500 Feet from Show Line

Figure 3-26A. Site Layout with Flying Display Area Less Than 1500 Feet from Show Line

Figure 3-26B. Example of Category I Aircraft Formation on Show Line

Figure 3-26B. Example of Category I Aircraft Formation on Show Line

Figure 3-26C. Minimum Distance from Spectators for Category II Aircraft

Figure 3-26C. Minimum Distance from Spectators for Category II Aircraft

Figure 3-26D. Example of Category II Aircraft Formation on Show Line

Figure 3-26D. Example of Category II Aircraft Formation on Show Line

Figure 3-27. Single Category III Aircraft in Minimum Width Flying Display Area

Figure 3-27. Single Category III Aircraft in Minimum Width Flying Display Area

Figure 3-27A. Minimum Width of a Flying Display Area for Category III Aircraft Performing Lateral and/or Turning Maneuvers

Figure 3-27A. Minimum Width of a Flying Display Area for Category III Aircraft Performing Lateral and/or Turning Maneuvers

Figure 3-27B. Minimum Width of a Flying Display Area for Category III Aircraft in Formation Flight

Figure 3-27B. Minimum Width of a Flying Display Area for Category III Aircraft in Formation Flight

Figure 3-27C. Example of the Minimum Width of a Flying Display Area for Multiple Category II Aircraft Performing Lateral and/or Turning Maneuvers

Figure 3-27C. Example of the Minimum Width of a Flying Display Area for Multiple Category II Aircraft Performing Lateral and/or Turning Maneuvers

Figure 3-28. Aerobatic Maneuvers Performed After Aircraft Beyond Spectator Area

Figure 3-28. Aerobatic Maneuvers Performed After Aircraft Beyond Spectator Area

Figure 3-28A. Aerobatic Maneuvers Performed After Turn Away Performed

Figure 3-28B. Nonaerobatic Maneuvers by a Single Aircraft with an Energy Vector Directed Towards the Primary Spectator Area

Figure 3-28B. Nonaerobatic Maneuvers by a Single Aircraft with an Energy Vector Directed Towards the Primary Spectator Area

Figure 3-29. Typical Arc-in Review or Banana Pass

Figure 3-29. Typical Arc in Review or Banana Pass

Figure 3-30. Helicopter Takeoff and Landing Areas

Figure 3-30. Helicopter Takeoff and Landing Areas

Figure 3-30A. Maneuvers Toward the Primary Spectator Area-360 Degree Turns Using Bank Angles of Less Than 90 Degrees

Figure 3-30A. Maneuvers Toward the Primary Spectator Area 360 Degree Turns Using Bank Angles of Less Than 90 Degrees

Figure 3-31. Aircraft Approach and Exit to and from a Flying Display Area Bordered by Congested Areas

Figure 3-31. Aircraft Approach and Exit to and from a Flying Display Area Bordered by Congested Areas

Figure 3-32. Sample FAA Form 7711-2, Certificate of Waiver Application

Figure 3-32. Sample FAA Form 7711 2, Certificate of Waiver Application

Figure 3-32A. Sample FAA Form 7711-2, Certificate of Waiver Application (Back)

Figure 3-32A. Sample FAA Form 7711 2, Certificate of Waiver Application (Back)

Figure 3-33. FAA Form 7711-2, Application for Parachuting Authorization

Figure 3-33. FAA Form 7711-2, Application for Parachuting Authorization

Figure 3-33A. FAA Form 7711-2, Request for Parachuting Authorization (Back)

Figure 3-33A. FAA Form 7711-2, Request for Parachuting Authorization (Back)

Figure 3-34. Sample FAA Form 7711-1, Certificate of Waiver

Figure 3-34. Sample FAA Form 7711 1, Certificate of Waiver

Figure 3-35. FAA Form 8710-7, Statement of Aerobatic Competency

Figure 3-35. FAA Form 8710-7, Statement of Aerobatic Competency

Figure 3-36. Transport Canada Form 26-0307, Statement of Aerobatic Competency

Figure 3-36. Transport Canada Form 26 0307, Statement of Aerobatic Competency

Figure 3-37. Sample Endorsement for Increase Angle of Pitch and Bank

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

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

Figure 3-38. Sample Aircraft Status and Inspection Form

Figure 3-38. Sample Aircraft Status and Inspection Form

Figure 3-39. Pyrotechnic Briefing Checklist

The following briefing issues must be discussed and deconflict with all pilots during the general safety brief. Each item need only be covered by one person. Any general item covered by the briefer need not be covered by the pyrotechnic shooter in charge (PSIC).

Item

Conducted by Briefer

Conducted by PSIC

exact dimensions and location of the pyrotechnics area *





magnitude of explosives being used*





aircraft/pyro deconfliction plan*





pyro crew and crash/fire/rescue positions





communications frequency and procedure*

 

 

principal





secondary





discrete





emergency procedures*

 

 

fire





accident/injury





pyro sequence by act*

 

 

location





strafe direction(s)





bomb direction(s)





altitude and flyby lines*





forecast winds and effects on pyro*





fod potential and effects





kio (knock it off) procedures*





*NOTE: These items comply with, and are required by “Addition to AFI 11-246 V1, ACC Sup 1.”

Signatures:

Briefer

PSIC

Figure 3-40. Typical Air Race Site

Figure 3-40. Typical Air Race Site

Graphic depicting the layout of the safety radius of a typical air race site.

Figure 3-40A. Typical Unlimited Racecourse Site

Figure 3-40A. Typical Unlimited Racecourse Site

Figure 3-40B. Sample Racecourses

3.0 MILE [5.0 KM] FORMULA ONE AIR RACECOURSE

Graphic showing layout of a 3.0 mile Formula One sample race course and the relationship (in feet) between each area of the site.

2.0 MILE FORMULA V AIR RACECOURSE

Graphic showing layout of a 2.0 mile Formula Five sample race course and the relationship (in feet) between each area of the site.

Figure 3-41. Example of a Balloon Competition Manual

BALLOON COMPETITION MANUAL

This manual has been prepared as part of the application for the issuance of a Certificate of Waiver with attachments and special provisions for a Manned Free Balloon Competition on [insert date]. [Insert event name] BALLOON RACE.

Table of Contents

I.                 Purpose.

II.               Responsibilities and Procedures.

a)       Duties of Personnel.

b)       Registration and Airworthiness Determination.

c)       Pilot and Event Flight Crewmembers.

d)       Pilot/Crew Briefing Responsibilities.

e)       Letter of Agreement.

f)         Event Documentation.

III.           Ground Operations.

a)       Clear Areas.

b)       Spectator Areas.

c)       Crowd Control Requirements.

d)       Landowner Relations/Notification.

IV.           Flight Operations.

a)       Areas of Operations.

b)       Types of Operations.

c)       Altitudes.

d)       Weather Requirements.

e)       Communications Requirements.

f)         Air Traffic Coordination.

Section I. Purpose.

This manual is submitted as a part of an application for a waiver of Title 14 of the Code of Federal Regulations (14 CFR) part 91, §§ 91.119(b) and 91.119(c), by the [insert name of organization] for the [insert name of event] Balloon Race. Specifically, the waiver will allow officially registered balloons to operate at an altitude of no less than [insert number] feet above the highest obstacle within a [insert number]-foot radius of the balloon en route to the target within a [insert number] nautical mile (or other specified distance) radius of the designated launch field or goal. It will also allow for officially registered balloons to operate at [insert number] feet AGL over spectators and to set goals and/or targets at a minimum distance of [insert number] feet from physical barriers provided for spectator control.

No waiver is requested nor is a waiver required by 14 CFR for any mass ascensions or pilot choice launches.

Section II. Responsibilities and Procedures.

a)   Duties of Personnel.

1)          Event Director—[insert name].
2)          Operations Director—[insert name].
3)          FAA Liaison—[insert name].
4)          Weather Officer—[insert name].
5)          Safety Officer—[insert name].

b)   Registration and Airworthiness Determination.

Balloons flown at the event must have current certificates of registration and airworthiness, or in place of the latter, an equivalent document from the Federal Aviation Administration. Chapter [insert number] of the competition rules cover procedures for balloons damaged or otherwise made unairworthy during the event. Throughout the event the Safety Officer or his designees; and appropriate FAA personnel will be consulted as necessary.

c)   Pilot and Event Flight Crewmembers.

Each pilot must hold the appropriate pilot certificate (Private or Commercial) with Lighter-than-Air Category and Free Balloon Class Rating. Each pilot must show evidence of current Flight Review (14 CFR part 61, § 61.56) and must also show evidence of currency per § 61.57. Minimum hours as PIC per the organizers specified time must also be shown.

Event flight crewmembers carried on board a balloon during the event must have been briefed by the pilot of the balloon and must attend the pilot briefing for that flight. Each event flight crewmember must sign the waiver form supplied by the pilot. Each event flight crewmember must attest that they have attended the applicable pilot briefing(s) and have read and understand the conditions of the waiver. Only [insert number] event flight crewmember(s) may be carried in each balloon during the flight.

d)   Pilot Crew Briefing Procedures.

All pilots are required to sign a statement indicating that they have read and understand the provisions of the waiver and the official [insert title] Competition Rules prior to any competitive flight.

Before each flight all pilots must attend the flight briefing. Chapter [insert number] of the competition rules provides details of all briefings.

e)   Letter of Agreement.

Letter of agreement will be issued and signed as required for the specific type of event.

f)     Event Documentation.

All relevant registration files, task data sheets, pilot registration information etc., will be maintained by the organizer at least [insert number] days after the event and will be made available to the FAA Monitor upon request. Competition maps and task sheets will be made available to the FAA Monitor at the time of the pilot briefing.

Section III. Ground Operations.

a)   Clear Areas.

Clear areas are established at each target site. These areas are kept clear of spectators and are usually fenced. [Insert type of officials] will police any area (such as the target area on the main launch field) to keep unauthorized persons out. In the Minimum Altitude Diagram, this is referred to as the “Target Area.”

b)   Spectator Areas.

The primary competitive spectator area is located at the main launch site. Crowd control is initiated by physical barriers around the launch site and target areas controlled by [insert type of officials]. Official and balloon recovery vehicles are parked in restricted areas. Traffic is controlled by local police as required. Use of existing and temporary barriers secure spectators from the briefing area and headquarters and from potential low level flight areas surrounding goals/targets (see additional remarks under “ALTITUDES”).

Competitive goals/targets set outside of the primary launch area in remote areas attract few, if any, spectators beyond those involved in race operations (officials and crews). Scoring/measuring officials control these areas as determined by conditions, and will isolate the area surrounding the goal/target from any unauthorized personnel.

c)   Crowd Control Requirements.

Crowd control will be provided by [enter law enforcement agency name(s)] agencies and officials of the balloon event under the direction of the Safety Officer.

d)   Landowner Relations/Notification.

Positive landowner relations are vital to the continuance of sanctioned events. There is an ongoing effort by all involved persons to maintain good landowner relations for the event. Additionally, as per Rule [enter number] pilots must obtain permission for launch from private property; and per Rule [enter number] minimize disturbing landowners. Landowners may request that their property be indicated on the competition map as a Prohibited Zone (PZ) as per Rule [enter number].

Section IV. Flight Operations.

a)   Area of Operation.

The operations will occur in a [insert number] mile radius of the launch field located at [insert name] Airport as indicated on the official competition map (to be provided as requested). Final landings may occur beyond these boundaries, but no pilot choice takeoffs or mass ascensions will exceed these boundaries. Headquarters for the event operations will be located at the [insert name of location].

b)   Types of Operations.

The event will consist of single and multiple tasks as called by the Director after consultation with other approved competition officials, as appropriate, considering the conditions at hand and forecast to develop during the anticipated flight times.

The tasks will include:

1)   Pilot Declared Goal.

Each pilot will fly from a launch area and will attempt to drop a marker close to a goal selected by him/her. Pilots define goals by description and map reference. The goals are declared in writing and given to a timekeeper. Each pilot flies from the designated launch area and attempts to drop a marker close to the selected goal. The result is the distance from the declared goal to the observed mark. The shortest distance wins. The landing after dropping the marker cannot be less than 1,500 feet from the declared goal.

2)   Judge Declared Goal.

Each pilot flies from the designated launch area and attempts to drop a marker as close as possible to a goal set by the officials. The result is the distance from the declared goal to the observed mark. The shortest distance wins. The landing after dropping the marker cannot be less than 1,500 feet from the declared goal.

3)   Multiple Judge Declared Goal.

Each pilot flies from the launch area and chooses one of a number of goals set by the officials. The pilot attempts to drop a marker near the goal chosen. The result is the distance from the observed mark to the nearest goal. The shortest distance wins. The landing after dropping the marker cannot be less than 1,500 feet from the selected goal.

4)   Hare and Hound.

A hare balloon will fly from the launch area and each pilot will attempt to fly near the final landing place of the hare and drop the marker. In the West, this may be referred to as the “Road Runner Race.” The lead balloon, “the hare,” takes off several minutes before the rest of the balloons and drops a marker at a designated point. The hare balloon deflates and is removed from the landing area. The marker dropped by the hare balloon becomes the target for the later balloons, “the hounds.” The hounds try to drop markers as close as possible to the hare balloon’s target. After dropping the marker from the hound balloon, landing is at the pilot’s discretion but cannot be less than 1,500 feet from the target.

5)   Fly In Task.

Pilots find their own launch areas and attempt to reach a set goal or target.

6)   Fly On Task.

A task where a pilot declares a goal to which he flies, after dropping his marker in another task.

7)   Gordon Bennett Memorial.

The competitors will maneuver their balloons a prescribed distance from a target on the ground (scoring area). They will then attempt to maneuver back to the scoring area and drop markers on the target.

8)   Max Distance—Minimum Distance.

Pilots will attempt to drop their markers in the Scoring Area a maximum or minimum distance from the launch point as specified on the task sheet.

9)   Elbow (ELBO).

Each pilot flies from the launch area and attempts to achieve the greatest change of flight direction during the flight with the least angle of divergence. A 180-degree change in direction with a zero angle of divergence is best. Two concentric circles, specific distances apart, surround the launch point. The pilot drops two markers. The first marker must be dropped between the inner and outer circle. The second marker must be dropped within the outer circle. The second marker cannot be less than 5,000 feet from the first marker. Landing after dropping the marker is at the pilot’s discretion.

10) Convergent Navigational Task (CNT).

Officials establish a goal, but pilots find their own launch areas for the attempt to reach the goal. The boundary of the launch area declared by the pilot is the physical boundary of a field or a circle with a 300-foot radius from the inflation point, whichever is less. The officials place a target at the goal 30 minutes before the launch period. The pilot launches from a selected site, attempts to navigate to the target, and drops a marker. The result is the distance from the target to the marker. The shortest distance wins. The landing after dropping the marker is at the pilot’s discretion but cannot be less than 1,500 feet from the target.

11) Watership Down.

This is a two-part task. Pilots find their own launch sites and fly to a target established by the officials. At a specified time before the launch, a hare balloon takes off adjacent to the target and drops a marker at a designated point. This marker becomes the second target. The hare balloon deflates, and the envelope remains flattened on the ground to serve as a guide to the second target area. Each competing pilot drops a marker as close as possible to the first target, which was the launch site of the hare balloon. Pilots then fly-on to drop a second marker as close as possible to the target marker placed by the hare balloon.

12) Key Grab.

This event usually has a target (generally a tall pole with the keys to a new automobile affixed to the top) in a centralized location. The balloonist must depart a predetermined distance from the target. The object is to maneuver the balloons, one by one, over the target so the pilot can attempt to grab the keys as the balloon goes by the pole.

The area around the pole must be completely clear of spectators and under the control of the event officials. Event organizers should have portable bull horns or a public address system to control the crowd movements or to direct the balloonist away from the target area in an emergency. If these precautions are observed, a waiver of § 91.119(c) can be issued to allow operations closer than 500 feet to the crowd.

The event organizer must establish procedures to ensure that the balloonists will abort the key grab attempt if it becomes apparent that the balloons’ ground tracks will not be within the operating area or when a realistic chance for the key is no longer possible. The landing areas must be segregated from the spectators; only bona fide recovery crews should be present in the landing area to assist the balloonist with recovery. All participants must be briefed before the operations.

c)   Minimum Altitude Diagram.

Graphic depicting minimum altitudes (in feet) for balloons over congested and noncongested areas and the target area.

d)   Altitudes.

The waiver provides that registered balloons will be allowed to make approaches to targets and/or goals within the designated areas. Balloons making these approaches will be permitted to fly over the designated spectator areas at an altitude of not less than [insert number] feet AGL. The balloons must have attained a state of altitude equilibrium at this [insert number]-foot minimum altitude and not be descending while passing over designated spectator areas. It is felt that this altitude is sufficient to allow for unusual circumstances with an adequate margin of safety for spectators.

In order to provide the highest possible level of safety for spectators, the scoring officials will cause scoring/measuring officials to be positioned among the spectators to allow crowds to be shifted as necessary and to provide warning regarding any markers that may be dropped in the spectator areas. Announcements over the public address systems will also advise the spectators of the possibilities of both low flying balloons over the area and of markers being dropped in this area.

e)   Weather Requirements.

Flight operations will be conducted during the period from published sunrise to sunset, with the visual flight rules (VFR) and weather conditions as specified in § 91.155. Maximum demonstrated surface winds must be [insert number] or less.

The decision for flight is the sole responsibility of the pilot and the decision of whether to hold a task is the sole responsibility of the director after consultation with appropriate safety officials.

f)     Communications Requirements.

Primarily by required pilot briefing, however, supplementary information is also given on local radio stations and on the public address system. Most pilots carry either FM, CB, or aircraft radios, and some communication is possible by radio.

g)   Air Traffic Coordination.

A NOTAM will be requested from the [insert name] FSS advising air traffic of numerous balloons in the [insert name] area at varying altitudes from [insert date] through [insert date] during the three hours immediately after sunrise and three hours prior to sunset.

This Operations Manual includes the information and requirements contained in the following attachments.

ATTACHMENTS:

Sectional of Area

List of Pilot Entries

Schedule of Events

Statement of Responsibility

Competition Rules

Figure 3-41A. Preshow Briefing Guide

AVIATION EVENT PRESHOW BRIEFING GUIDE

WHO SHOULD ATTEND:

ALL PERFORMERS:

Airshow Pilots

Tow/Jump Aircraft Pilots

Skydivers

Military Flight Demo Pilots

Air and Ground Pyrotechnic Technicians

Jet Vehicle Drivers

Narrator(s)

Remotely Deployed Aircraft Pilots (via telecon)

At least one (1) representative pilot for each military team

KEY OPS/SUPPORT PERSONNEL:

Air Boss

Air Traffic Control

Fire Chief/CRS

EMS Helicopter

Smoke Oil/Refueling Chief

Aircraft Marshallers Chief

Maintenance Chief

Crowd Control Chief

FAA (or assigned) MONITOR:

WEATHER BRIEFER:

AIRSHOW DIRECTOR/EVENT SPONSOR:

(Including that person named on the waiver as being “responsible to ensure safety of the event”)

 

WHO SHOULD NOT ATTEND:

Pets

Individual Sponsors

Media Representatives

Spouses

Children

Relatives/Friends

Anyone not directly associated with the performance

 

BRIEFING:

ROLLCALL: Those not attending the briefing MAY NOT participate in this performance!

INTRODUCE KEY OFFICIALS:

TIME HACK:

CURRENT WEATHER AND FORECAST: (Include regional and national weather by quadrants on the last day, for departing aircraft)

REVIEW NOTAM(S)/TFR:

REVIEW WAIVER AND SPECIAL PROVISIONS:

REVIEW AREA MAP:

Hold Points/Turn Directions Altitudes

Noise Abatement Procedures

Sensitive Areas

Special Use Airspace

Remote Recovery Airports

Obstructions

Controlled/Emergency Bail Out/Ditching Procedures

AIRPORT STATUS:

Airspace

Runways In Use

Facilities

Arresting Cables

Traffic Patterns

AIRSHOW LAYOUT:

Sequence of acts and their cues for positioning

Show Lines

Spectator Areas (Primary/Secondary)

Ground Based Pyro

Hazards

Aircraft Parking

Taxi Routes

Crash Rescue Runway Watch Locations

Unique Local Items/Conditions

Figure 3-42. Circling the Jumpers Briefing

Note:            An endorsement of “Circling the Jumpers” on FAA Form 8710-7 is no longer required for the circling aircraft pilots.

In the event that a performance involves aircraft operating in the vicinity of parachutists, whether in free fall or under deployed canopies, all pilots and the jump master or team leader of the parachutists involved shall be present at the airshow briefing. The air boss or responsible person shall ensure that each participant understands the details of the performance which shall include, at the minimum, the following information:

a) The number of jumpers performing,

b) The types of and/or colors of parachutes,

c) The exit altitude and deployment altitude,

d) The planned flight path prior to exit, as well as, the descent area of the jump aircraft,

e) The number, make(s)/model(s) and color of the aircraft involved, and

f) Procedures to be used in the event of an unexpected occurrence.

If at any time the air boss determines that the circling the jumpers in not proceeding as briefed, the air boss must give a “Knock It OFF” to the circling aircraft. Upon receiving a “Knock It Off” the circling aircraft will make a cautious turn away from the jumpers and go to the previously determined holding area and wait for instructions from the air boss.

RESERVED. Paragraphs 3-163 through 3-180.

 

11/27/12                                                                                                                                            8900.1 CHG 0

Volume 3 GENERAL TECHNICAL ADMINISTRATION

CHAPTER 8 Issue a Certificate of Waiver for Motion Picture and Television Filming

Section 1 Issue a Certificate of Waiver for Motion Picture and Television Filming

3-211                    PROGRAM TRACKING AND REPORTING SUBSYSTEM (PTRS) ACTIVITY CODE. 1230.

3-212          Indicates new/changed information. OBJECTIVE. The objective of this task is to review and issue or deny a request for a Federal Aviation Administration (FAA) Form 7711-1, Certificate of Waiver or Authorization, for motion picture and television operations and determine if an aircraft pilot/operator has developed an acceptable operations manual for use in motion picture and television filming production. Additionally, the aircraft pilot/operator will develop safe operating procedures, guidelines, and criteria to operate below the altitudes required in Title 14 of the Code of Federal Regulations (14 CFR) part 91, General Operating and Flight Rules, §§ 91.119(b) and (c), 91.303, and 91.515(a). Successful completion of this task results in the acceptance or non-acceptance of an operations manual, the issuance of FAA Form 7711-1 for motion picture and television operations, or the disapproval of FAA Form 7711-2, Application for Certificate of Waiver or Authorization.

3-213          GENERAL.

A.        Purpose of the Motion Picture and Television Certificate of Waiver.

1)          Indicates new/changed information. The motion picture and television industry utilize aircraft in support of their filming operations as both subject aircraft and behind the scenes aircraft. These aircraft are often required to be flown at altitudes and/or horizontal radius less then the minimums specified in §§ 91.119(b)(c) and/or 91.515(a). Additionally, these aircraft are often required to perform aerobatics maneuvers below the minimum 1,500 feet above the surface as specified in §§ 91.303(e) or in proximity to persons, property, or airspace as specified in § 91.303(a) through (d).
2)          Indicates new/changed information. Indicates new/changed information. A waiver of § 91.515(a) is required for any flight below 1,000 feet above ground level (AGL). A waiver of the requirements of § 91.119(b) and (c) is necessary when aircraft must be flown closer than 500 feet from participating persons or property. If filming sequences require an aircraft to be flown in aerobatic flight below 1,500 feet AGL, or in certain congested areas, persons, or airspace, a waiver of § 91.303(a) through (e) is required. Blocks 1 through 10, 13, 14, 16 and 17 on FAA Form 7711-2 must be addressed in all cases.

B.        Definitions.

1)          Participating Person/Authorized Person. All persons associated with the filming production must be briefed on the potential risk of the proposed flight operation(s) and they must acknowledge and accept those risks. Nonparticipating persons are the public, spectators, media, etc., not associated with the filming production.
2)          Subject Aircraft. Any aircraft that is being filmed as part of a motion picture or television filming event.
3)          Behind the Scene Aircraft. Any aircraft used in the filming event that is not the subject aircraft (camera aircraft, aircraft carrying lights for the scene, aircraft causing background noise or wind, aircraft placing additional personnel into or around the scene but not in the scene, etc.).

C.        Considerations. Essential personnel may be filmed while on the exterior of, or entering or exiting an aircraft in flight. The following are possible scenarios:

1)          Airplanes that include traditional external activities such as wing walking, parachuting, air-to-air transfers, air-to-ground transfers, ground-to-air transfers, towing (banners or equipment), and other motion picture and television activities.
2)          Balloons that include rappelling, long-line operations, in-flight transfers, rope ladders, and other motion picture and television activities.
3)          Helicopter activities that include rappelling, long-line operations, external camera operators, and other motion picture and television activities may constitute an external load. However, the FAA does not provide Class B, C, or D certification for non-jettisonable activities. They would not be approved as external-load operations under 14 CFR part 133. Pilots and/or operators using these techniques will be required to demonstrate their ability to operate with these loads prior to being authorized for flight in the motion picture and television activities for motion picture production activities. The pilot may show competency if he/she has in his/her personal possession either a letter of competency or an appropriate logbook entry in accordance with § 133.37(a)(1)(2).

D.      Aircraft.

1)          Restricted and Experimental Category Aircraft.
a)          Serving as a camera platform for motion picture and television filming is one of the purposes for which FAA issues a restricted Category (CAT) airworthiness certificate under 14 CFR § 21.25(b)(3) (aerial surveying—photography).
b)          In order to be used in motion picture and television filming operations as the subject aircraft, the aircraft must have an airworthiness certificate issued in the appropriate CAT (i.e., experimental/exhibition, restricted (if demonstrating its purpose, in the film such as agricultural operations)).
2)          Indicates new/changed information. Helicopters. Helicopter operations are generally conducted under § 91.119(d). However, movie-making helicopter operations below 500 feet AGL may create a hazard to persons or property on the surface by drawing nonparticipants into the area. Therefore, FAA Form 7711-1 must be obtained for helicopter motion picture and television filming operations. If helicopters are to be used for aerobatic purposes under the provisions of this waiver, refer to subparagraph 3-155D.

E.        Indicates new/changed information. Forms Used. FAA Form 7711-2, Application for Certificate of Waiver or Authorization (Figure 3-52), is a multipurpose form used to apply for FAA Form 7711-1, Certificate of Waiver or Authorization (Figure 3-53). Instructions for Completion of FAA Form 7711-2 are in Figure 3-54. All blocks on the form may not be applicable to the application request.

F.          Submission. FAA Form 7711-2, including a proposed motion picture and television operations manual, should be submitted at least 45 days before actual filming begins. The completion and submission of FAA Form 7711-2 and a proposed operations manual is the sole responsibility of the applicant.

G.      Approval or Disapproval. Applications for FAA Form 7711-1 are processed at the geographically responsible Flight Standards District Office (FSDO). Within 30 days of receipt of the FAA Form 7711-2, an approved FAA Form 7711-1 or disapproval of the application must be issued by the district office. Upon approval, FAA Form 7711-2 and the acceptable operations manual becomes part of FAA Form 7711-1. The jurisdictional FSDO Manager or their designated representative, which may be either the assistant manager or another supervisor from within that jurisdictional FSDO, shall sign the waiver for approval.

H.      Expiration Date. An FAA Form 7711-1 expires 24 calendar-months from the date of issuance. FAA Form 7711-1 for motion picture and television filming may be reissued by submission of a properly prepared FAA Form 7711-2 and the applicant’s previously accepted operations manual, if appropriate.

I.            Motion Picture and Television Operations Manual. Operating and safety procedures must be incorporated in a motion picture and television operations manual. The operations manual, once accepted, becomes part of the waiver. The operations manual is the standard by which a certificate holder must conduct all operations pursuant to FAA Form 7711-1 authorization. The controls, procedures, and conditions set forth in the operations manual are the primary assurance that nonparticipating persons will not be jeopardized. This will be the basis for the authorization of the motion picture and television area of operation and/or the issuance of the waiver. Therefore, failure to comply with the provisions of the operations manual shall be considered a violation of the terms of the waiver and may constitute justification for cancellation of the waiver.

J.          Operations Manual Revisions. Inspectors should encourage pilot/operators to discuss manual revisions with the geographically responsible FSDO before they are submitted for acceptance. Proposed revisions to the manuals shall be submitted to the FSDO for review at least 15 days before the proposed effective date. Revisions will not be distributed by the pilot/operator until acceptance by the FSDO and returned to the pilot/operator with an indication of acceptance. If the revisions are not accepted, inspectors must notify the pilot/operator in writing within 10 working days of receipt of the proposed revisions.

K.      Special Provisions.

1)          The following statement must appear as a special provision:

·              “The certificate holder must adhere to the accepted motion picture and television operations manual.”

·              The pilot in command (PIC) may remove and install specialty equipment authorized in accordance with an exemption issued for that purpose or under the terms of a Special Technical Committee (STC) or field approval.

·              Traditional seating for the PIC of various aircraft does not always lend itself to be the safest position from which to conduct a flight. The primary seat may not be the optimal location, depending on the subject aircraft. The decision on where to sit may be determined by the PIC.

·              Additional provisions deemed appropriate to the Administrator to ensure safety of the operation should be prescribed by the FSDO (Figure 3-55).

3-214          CONTENTS OF THE MOTION PICTURE AND TELEVISION OPERATIONS MANUAL. The applicant must submit an original and one copy of the motion picture and television operations manual. (Figure 3-56 is a sample manual development guide for use by the applicant.) The manual must include at least the following:

A.        Pilot/Operator Organization.

·              Pilot/Operator name,

·              Address, and

·              Telephone number of applicant or responsible person.

B.        Distribution and Revision. This section contains procedures for revising the operations manual to ensure that all manuals are kept current. Revisions for the accepted operations manual shall be forwarded to the FSDO at least 15 days before the proposed effective date.

C.        Persons Authorized. § 91.119(c) is waived only with respect to those participating persons, vehicles, and structures directly involved in the performance of the actual filming. The operations manual will include procedures to ensure that no persons are allowed within 500 feet of the area except those consenting to be involved and necessary for the filming production. This provision may be reduced to no less than 200 feet if an equivalent level of safety can be achieved and the Administrator has approved it. For example, an equivalent level of safety may be determined by an ASI’s (aviation safety inspector) evaluation of the filming production area to note terrain features, obstructions, buildings, etc. Such barriers may protect nonparticipating persons (observers, the public, news media, etc.) from debris in the event of an accident.

D.      Area of Operations. There will be a variety of operational needs, depending upon the activities of the applicant. Certain companies may confine their activities to a local area, while other pilot/operators may conduct activities throughout the entire United States and its territories and possessions. The manual shall define the area authorized by the Certificate of Waiver. While the waiver is issued by the pilot/operator’s local FSDO, the pilot/operator must coordinate with the FSDO having geographic responsibility over the area of the filming operations.

E.        Plan of Activities. The manual must include procedures for the pilot/operator to submit 3 days before scheduled filming and a written Plan of Activities to the local FSDO having jurisdiction over the area of proposed filming. The 3-day notification may be waived with the concurrence of the FSDO. Justification of the exception to the 3-day requirement is required. The plan of activities must include at least the following:

1)          Dates and times for all flights.
2)          Name and phone number of person responsible for the filming production event.
3)          Name and phone number of person responsible for the aircraft.
4)          Make, model, and serial or N-number of aircraft to be used and type of airworthiness certificate, including CAT.
5)          Name and certificate number of pilots involved in the filming production event, including any notation of external load endorsements or aerobatic competency, if required.
6)          A statement that the waiver holder has obtained permission from property owners and/or local officials to conduct the filming production event. The list of those who gave permission must be made available to the inspector upon request from the waiver holder.
7)          Signature of waiver holder or representative.
8)          A description of the flight activity including maps or diagrams of any area, city, town, county, and/or State over which filming will be conducted and the minimum altitudes essential to accomplish the operation.

F.          Permission to Operate. The motion picture and television operations manual will specify requirements and procedures for the pilot/operator to obtain permission from property owners and/or local officials (e.g., police, sheriff, fire departments) as appropriate for the conduct of all operations when operating under the provision of the waiver.

G.      Security. The applicant will specify the method of security that will be provided to exclude all persons not directly involved with the operation from the location. In the interest of safety, provisions will be made to stop activities when unauthorized persons, vehicles, or aircraft enter the operations area, or for any other reason. If security is not needed “Not Applicable” should be entered.

H.      Briefing of Pilot/Production Personnel. Procedures will be included to brief participating personnel of the risks involved, emergency procedures, and safeguards to be followed during the filming production event. Personnel will also be briefed on additional provisions that may be issued by the FSDO that has geographic responsibility for the operational area, including the location of boundaries or time limits. The briefing shall cover:

·              Authorization for motion picture and television certificate of waiver and the attached special provisions,

·              Operations manual,

·              Plan of Activities,

·              Aircraft parking and starting,

·              Taxi procedures,

·              Radio communications,

·              Takeoff procedures,

·              Aviation activities to be conducted during the filming production event,

·              Approach and landing procedures,

·              Recall procedures,

·              Emergency procedures,

·              Risks to participating personnel, and

·              How to control nonparticipating persons.

I.            Certification/Airworthiness. The aircraft may be certificated in any CAT, including experimental, provided the requirements of §§ 91.313, 91.319, and 91.203 are met. Procedures shall be included to ensure that aircraft inspections will be in accordance with the applicable parts of part 43, 91, or the assigned operating limitations.

J.          Pilot Personnel—Minimum Requirements. The pilot/operator shall establish and specify the minimum pilot requirements. Minimum requirements shall meet or exceed the following:

1)          A current U.S. Commercial pilot certificate with ratings appropriate to the CAT, class, and type (if applicable) of aircraft to be used under the terms of the waiver.
2)          At least 500 hours logged as the PIC and at least 20 hours logged as the PIC in the aircraft type.
3)          A minimum of 100 hours in the CAT and class of aircraft to be used.
4)          A minimum of 5 hours in the make and model aircraft to be used under the waiver.
5)          In the event that the 1,500-foot minimum standard contained in § 91.303(e) is to be waived, the pilot performing aerobatic maneuvers must hold FAA Form 8710-7, Statement of Acrobatic Competency, to perform the operations.
6)          In the event the operation to be conducted contains elements of an external-load operation, whether fixed or rotary wing operations, pilots used in the operation shall be qualified. This qualification may be obtained through a knowledge test (which may be oral and/or written) and/or skill. The inspector or another company pilot approved by the geographically responsible FSDO who is qualified to carry loads externally will give the test(s) which are similar to part 133 requirements and cover the following subjects:
a)          Steps to be taken before starting operations, including a survey of the flight area.
b)          Proper method of loading, rigging, or attaching the external-load.
c)          Aircraft performance capabilities under motion picture operating procedures and the Aircraft Flight Manual (AFM).
d)          Proper instructions for flight and ground crew personnel.
e)          AFM, pilot’s operations handbook (POH), or a rotorcraft-load combination flight manual and limitations, if appropriate.

K.      Communications. The operations manual must contain procedures to provide communications capability to all participants during the actual operation and filming. The communications must be able to keep all the participants apprised of the current status of the operation.

L.        Accident Notification. The operations manual must contain procedures for notification and reporting of accidents, notifying National Transportation Safety Board (NTSB) 14 CFR part 830, and protection of the accident scene.

M.  Recall/Stop Procedures. The applicant can use radio communications, oral, visual, or any combination acceptable to the Administrator as long as it keeps the participants continuously apprised of the current status of the operation.

N.      Aerobatic Competency. If the filming operations require the issuance of FAA Form 8710-7, Statement of Acrobatic Competency, refer to Volume 5, Chapter 9, Section 1, Issue/Renew/Rescind a Statement of Acrobatic Competency.

3-215          Indicates new/changed information. Indicates new/changed information. REVIEW FAA FORM 7711-2. Pertinent blocks are discussed below for clarity and uniformity. The application should be reviewed upon receipt for obvious discrepancies. The reviewing office must not alter the information submitted by the applicant on FAA Form 7711-2.

A.        Indicates new/changed information. Blocks 1 and 2. If the applicant is a representative of an organization, the organization’s name shall appear in Block 1. The name of the individual and his/her position or authority to represent the organization (e.g., the responsible person) shall appear in Block 2. If the applicant is not representing others, the indication, N/A, shall be entered in Block 1 and the applicant’s name entered in Block 2.

B.        Blocks 3, 4 and 5. Applicant should state information as explained on each individual block.

C.        Block 6—14 CFR Sections Requested Waived. In many instances, the applicant does not know, or is not sure, which sections of 14 CFR are involved. A meeting with the applicant before acceptance of the application may be necessary.

D.      Block 7—Description of Operation. Using the term motion picture and television filming to describe the type of operation is sufficient for the applicant.

E.        Indicates new/changed information. Block 8—Area of Operation. Describe the geographical area of operations desired. A detailed description of any city, town, county, and/or state over which the filming production event operation must be submitted.

F.          Indicates new/changed information. Block 9—Beginning and Ending Dates. The applicant must list the beginning date and hour and the ending date and hour for the operation in this block. The dates requested must not exceed 24-calendar-months. In cases involving one-time operations where an alternate date has not been indicated, the inspector should advise the applicant to request an alternate date in order to save time and unnecessary paperwork.

G.      Indicates new/changed information. Indicates new/changed information. Block 10—Aircraft and Pilot Information. When FAA Form 7711-2 for authorization of motion picture and television operation is submitted, the applicant may not know the names of the pilots or the aircraft to be used in a particular operation. The application may be accepted with a notation in Block 10 that a list will be provided along with the Plan of Activities.

H.      Indicates new/changed information. Block 11—Sponsorship. Not required.

I.            Block 12—Permanent Mailing Address of Sponsor. Not required.

J.          Block 13—Policing. Although it may be desirable, there is no specific requirement for the use of uniformed police or security guards. The need for special policing depends upon several factors.

1)          If fencing is used for crowd control, there may be little need for special crowd-control personnel. On the other hand, if the sponsor intends merely to cordon off the designated areas with rope, it might be necessary to have special crowd-control personnel.
2)          It must be remembered that it is not the FAA’s responsibility to control the crowd or to decide who can serve to police the filming production event.
3)          In every case, the applicant should be advised that it is his/her responsibility to ensure that all reasonable efforts are made to confine spectators to designated areas. If reasonable efforts have been taken and unauthorized persons or vehicles enter the operational area where maneuvers are being performed during the filming production event, the pilot/operators must halt the operation, and efforts must be made to remove them. All parties involved in the production and the inspector shall use good judgment when determining whether it is necessary to halt a filming production event to protect persons on the ground.

K.      Indicates new/changed information. Indicates new/changed information. Block 14—Emergency Facilities. Emergency facilities have also caused problems for production companies. As discussed previously, the application form serves as an all-purpose form, and, therefore, contains blocks that may or may not be appropriate to emergency facilities. Some applications have been denied because the boxes for physician, ambulance, and fire truck were not filled in. Every filming production event sponsor should be encouraged to provide emergency medical service even though this service is not normally necessary. A physician or a rescue squad, paramedics, or emergency medical technicians may be sufficient. Normally, the following rules of thumb are adequate.

1)          Physician. Except for events that are a great distance (in a ground vehicle) from a hospital or medical clinic, an emergency rescue squad, paramedics, emergency medical technicians (EMT), or a first-aid station can be substituted for a physician.
2)          Ambulance. If an emergency rescue squad is provided, an ambulance should also be provided. If there is a physician in attendance, any vehicle acceptable to the physician for emergency transportation is sufficient. In fact, many communities rely on a sheriff’s or local law enforcement officer’s vehicle as their only means of ambulance service.
3)          Fire Truck. For the most part, the presence of a fire truck at a filming production event is for the benefit of the performers, not the spectators. If the performers are willing to accept a pickup truck with hand-held fire extinguishers, the FAA should not demand that the sponsor provide a bona fide fire truck with trained firefighters.
4)          Crash Wagon. Many locations where events are conducted do not have crash wagons available. If they are not available, the FAA should not require a sponsor to obtain one from a facility that might be hundreds of miles away. Again, crash wagons serve the performers, not the public.
5)          Other. A sponsor seldom needs to fill in this block. The following is an example of how the “Other” block might prove useful. In one filming production event, the sponsor had a helicopter and pilot continually ready for emergency transportation of spectators or performers who might be injured or who become ill during the filming production event. Additionally, a military-trained firefighter and medic was standing by the helicopter with extinguishers in case one of the aircraft had an accident anywhere in the operating area. In this particular case, by describing this other emergency facility, the applicant could have been relieved of having to show anything in the preceding blocks.

L.        Indicates new/changed information. Block 15—Air Traffic Control (ATC). Not required.

M.  Block 16—Schedule of Events. The FAA must see a schedule of events in order to evaluate the application. For the purpose of reviewing the application, the schedule does not need to be detailed. It should, at a minimum, contain a general description of the types of maneuvers to be performed during the filming production and their sequence during the filming production event.

1)          The applicant must specify a date before the filming production event when he/she will provide a schedule of events. The schedule of events must list the identification of the aircraft and the performers in the sequence of their appearance. This list becomes a part of the official authorization of motion picture and television area of operation and waiver package. At the filming production event the scheduled order of events on the waiver may change because of weather, mechanical problems, etc. Such changes must be coordinated with the FSDO that issued the authorization and/or waiver.
2)          Any maneuvers added to the schedule of events will require FAA approval and should be submitted to the jurisdictional FSDO at the earliest opportunity. Cancellation of events does not require advance notice.

N.      Indicates new/changed information. Block 17—Signature Block. The responsible party must sign this block.

3-216          PREREQUISITES AND COORDINATION REQUIREMENTS.

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

B.        Coordination. This task may require coordination with the airworthiness unit within the district office, other district offices, Regional Offices (RO), headquarters (HQ), the Aircraft Maintenance Division (AFS-300), or appropriate air traffic facilities, and the General Aviation and Commercial Division (AFS-800).

3-217          REFERENCES, FORMS, AND JOB AIDS.

A.        References (current edition):

·              Title 14 CFR parts 1, 21, 43, 61, 91, and 133.

·              PTRS Procedures Manual (PPM).

B.        Forms:

·              FAA Form 7711-1, Certificate of Waiver or Authorization (Figure 3-53).

·              FAA Form 7711-2, Application for Certificate of Waiver or Authorization (Figure 3-52).

·              FAA Form 8000-36, Program Tracking and Reporting System Data Sheet.

·              FAA Form 8710-7, Statement of Aerobatic Competency.

C.        Job Aids. Sample letters and figures.

3-218          PROCEDURES.

A.        Indicates new/changed information. Indicates new/changed information. Determine if FAA Form 7711-2 is required. Refer to paragraph 3-213 A.

1)          If an FAA Form 7711-1 is not required, terminate the task.
2)          If an FAA Form 7711-1 is required:
a)          Provide the applicant with a copy of FAA Form 7711-2 (Figure 3-52), Instructions for Completion of FAA Form 7711-2 (Figure 3-54), and 14 CFR part 91 Motion Picture and Television Operations Manual Development Guide (Figure 3-56).
b)          Advise the applicant to complete blocks 1 through 10, 13, 14, 16, and 17, as applicable, on FAA Form 7711-2.

Indicates new/changed information. NOTE: Block numbers 11, 12, and 15, are not required for motion picture and television application of Certificate of Waiver or Authorization.

c)          Advise the applicant that the application must be submitted to the FSDO at least 45 days prior to the filming production event.

B.        Open PTRS.

C.        Indicates new/changed information. Indicates new/changed information. Receipt of FAA Form 7711-2 and Motion Picture and Television Operations Manual, if Appropriate. Using the information provided by the applicant and the background in section 1, review FAA Form 7711-2 and the operations manual for all pertinent information for the proposed filming production event. Accept strikeovers that are minor in nature and initialed by the applicant. Blocks 11, 12, 15, and 16 do not need to be completed for motion picture and television applications. The following is a guide for reviewing the completed Form 7711-2.

1)          Indicates new/changed information. Blocks 1 and 2—Name of Organization/Name of Responsible Person. Ensure that the applicant has indicated the name of the organization or individual applying and the name of a person responsible for matters concerning the application.
2)          Indicates new/changed information. Block 3—Permanent Mailing Address. Ensure that the applicant has indicated the Permanent-mailing address of the organization or individual named in Block 1.
3)          Blocks 4 and 5. Applicant should state information as explained on each individual block.
4)          Block 6—14 CFR Sections to be Waived. Ensure that the applicant has listed all sections of the regulations that need to be waived with regard to the filming production event.
5)          Block 7—Description of Operations. Ensure that the applicant has indicated the type of motion picture and/or television filming production event to be conducted.
6)          Indicates new/changed information. Block 8—Area of Operations.
a)          Ensure that the applicant has listed the specific locations and altitudes of the proposed filming production event.
b)          Ensure that the area of operation is within the jurisdiction of the district office.
7)          Indicates new/changed information. Block 9—Time Period.
a)          Ensure that a beginning date and hour and an ending date and hour for the filming production event has been indicated.
b)          Ensure that the time period indicated does not exceed 24 calendar-months.
8)          Indicates new/changed information. Block 10—Aircraft and Pilots. Check for aircraft make and model, pilot names, and certificate numbers. Block 10 may be accepted with a statement, “A list containing aircraft and pilot information will be furnished on (applicant enters the specific date).”
9)          Indicates new/changed information. Blocks 11 and 12—Sponsorship. Not required.
10)  Block 13—Security. Ensure that the applicant has described provisions for policing the filming production event, if policing is necessary.
11)  Indicates new/changed information. Block 14—Emergency Facilities. Ensure that the applicant marked all blocks that will be available at the time and place of the event.
12)  Block 15—Air Traffic Control. Not required.
13)  Indicates new/changed information. Block 16—Schedule of Events. Ensure the applicant provided at least a general description of the types of maneuvers to be performed during the filming production and their sequence during the filming production event.
14)  Block 17—Certification. Ensure that the applicant has signed and dated FAA Form 7711-2 and each attachment to the application.
15)  If FAA Form 7711-2 has not been completed:
a)          List the reasons for disapproval in the “Remarks” section of FAA Form 7711-2.
b)          Prepare a letter of disapproval of application (Figure 3-57) with a suspense date for submission of a corrected FAA Form 7711-2.
c)          Retain a copy of the application for future comparison.
d)          Return the application, operations manual, if appropriate, and the letter of disapproval to the applicant.
e)          Make appropriate PTRS entries.
16)  If FAA Form 7711-2 has been completed:
a)          Prepare FAA Form 7711-1 if an operations manual is not required.
b)          If an operations manual is required and has been submitted, review the operations manual.

D.      Review Operations Manual. Ensure that the operations manual contains the items discussed in paragraph 3-214.

1)          If the manual is unsatisfactory:
a)          Contact the applicant and explain areas of the operations manual that need to be corrected.
b)          Prepare a letter of non-acceptance of the manual (Figure 3-58) with a suspense date for submission of the corrected operations manual.
c)          Mark the “Disapproved” block of FAA Form 7711-2, list reasons for the disapproval in the “Remarks” section of FAA Form 7711-2, and sign and date in the “Action” block of FAA Form 7711-2.
d)          Retain a copy of the operations manual for future comparison.
e)          Return the application, one copy of the operations manual, and the letter of non-acceptance to the applicant.
2)          If the manual is satisfactory:
a)          Mark the Approved block on FAA Form 7711-2, and sign and date in the action block of FAA Form 7711-2.
b)          Prepare a letter of acceptance of an operations manual (Figure 3-59).
c)          Continue with the task.

E.        Indicates new/changed information. Aerobatic Competency. Determine if FAA Form 8710-7 is required.

1)          If the pilot/operator has requested a waiver of 14 CFR § 91.303(a) through (e), FAA Form 8710-7 for motion picture and television filming must be issued.

Note:            This waiver is issued only with respect to participating persons, vehicles, and structures directly involved in the performance of the actual filming.

2)          Refer to Volume 5, Chapter 9, Issue/Renew/Rescind a Statement of Acrobatic Competency.

F.          Prepare FAA Form 7711-1.

1)          Fill in the inspector portion of FAA Form 7711-1.
2)          Develop any special provisions that are not covered in the applicant’s operations manual.
3)          If 14 CFR § 91.303 or 91.515 is to be waived, refer to paragraphs 3-154 and 3-155 for additional provisions that may be required.
4)          Submit FAA Form 7711-1 to the FSDO manager, or designated representative, for his/her signature. The designated representative may be no lower then the operations unit supervisor.
5)          Prepare a reminder notice/letter (Figure 3-60) to the waiver holder reminding him/her that a plan of activities must be submitted and accepted before each filming production event, including any special provisions.

G.      District Office File.

1)          Prepare a district office file on the applicant that includes, but is not limited to, a copy of the following documents:

·              FAA Form 7711-1 and the special provisions,

·              FAA Form 7711-2,

·              Operations manual,

·              Notice/letter of disapproval of application (FAA Form 7711-2),

·              Notice/letter of nonacceptance of the operations manual or

·              Notice/letter of acceptance of the operations manual,

·              Notice/letter of reminder, and

·              Any other documents of correspondence.

2)          Send the original of the following documents to the applicant:

·              FAA Form 7711-1,

·              FAA Form 7711-2,

·              Accepted motion picture and television operations manual,

·              Notice/letter of acceptance of the operations manual, and

·              Notice/letter of reminder.

H.      Close PTRS. Make appropriate PTRS entries.

I.            enhanced Vital Information Database (eVID). Establish a part 91 pilot/operator eVID record, if appropriate.

3-219          TASK OUTCOMES. Completion of this task results in one or more of the following:

·              Issuance of a certificate of waiver,

·              An accepted operations manual,

·              Letter of acceptance of the operations manual,

·              Letter of reminder to submit a plan of activities,

·              Part 91 eVID record,

·              Issuance of Statement of Acrobatic Competency Card, if required,

·              Disapproval of an application, and

·              A letter of nonacceptance of the operations manual.

3-220          FUTURE ACTIVITIES.

·              Reissue a Certificate of Waiver,

·              Cancellation of a Certificate of Waiver,

·              Review proposed revisions to the operations manual,

·              Review the pilot/operator’s plan of activities,

·              Surveillance of any operations approved by the certificate of waiver (volume 3, chapter 2),

·              Possible enforcement investigation,

·              Take part in an investigation as a result of an accident, incident, or violation of the regulations, and

·              Rescind FAA Form 8710-7 or require re-evaluation.

Figure 3-52. FAA Form 7711-2, Application for Certification of Waiver or Authorization

Indicates new/changed information. Figure 3-52. FAA Form 7711 2, Application for Certification of Waiver or Authorization

Figure 3-52. FAA Form 7711-2, Application for Certification of Waiver or Authorization (continued)

Indicates new/changed information.

Figure 3-53. FAA Form 7711-1, Certificate of Waiver or Authorization

Figure 3-53. FAA Form 7711 1, Certificate of Waiver or Authorization

 

Figure 3-54. Instructions for Completion of FAA Form 7711-2

1)          Indicates new/changed information. PREPARING FAA FORM 7711-2. Blocks from FAA Form 7711-2 are discussed below for purposes of clarity and uniformity of its use. However, not all blocks on the form may be applicable to the application request. Blocks 11, 12, and 15 apply to airshow and air race waiver requests only.
a)           Blocks 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 Block 1. Your name and title or position, as the organization’s representative, for application purposes should appear in Block 2. If you are not representing an organization, the term “N/A” should be entered in Block 1 and your name in Block 2.
b)          Block 3—Permanent Mailing Address. Self-explanatory.
c)          Block 4—Pending Waiver application. Self-explanatory.
d)          Block 5—Denial and/or withdrawal of previous Application. Self-explanatory.
e)          Block 6—14 CFR Section and Number To Be Waived. All applicable 14 CFR sections and numbers that are to be waived for the operation to be conducted must be listed in this block. If you are unsure which 14 CFR sections will need to be waived, contact the FSDO for guidance.
f)               Block 7—Detailed Description of Proposed Operations. It is sufficient to use the term “pipeline patrol,” “powerline patrol,” etc., for a description. However, additional detailed information may be included.
g)           Block 8—Area of Operation. A detailed description of any city, town, county, and/or state over which the operations will be conducted and the minimum altitude essential to accomplish the operation should be included in this block. The routes for powerline/pipeline operations must be depicted in cartographic or photographic form. This depiction should include every community, settlement, stadium, or other common gathering place located either side of the route. The depiction should also include the areas where powerlines and phone lines or any other obstructions cross the route.
h)          Indicates new/changed information.  Block 9—Time Period. List the beginning dates and hours and the ending dates and hours the operation will be conducted. Maximum time period for operations is 24 calendar-months (e.g., June 12, 1996 to June 30, 1998), except for North American Free Trade Agreement (NAFTA) operations, in which the maximum time period for operations is 12 calendar-months. The application should be submitted to the FSDO at least 45 days before the beginning date of the operation. For a onetime operation, consideration should be given to alternate dates. A request for alternate dates may prevent a delay and/or unnecessary paperwork. These alternate dates should be included in this block.
i)              Block 10—Aircraft Make and Model. List the names of all pilots, their certificate numbers and ratings, full home address, and all aircraft by make and model that will be used in the operation. If the type of aircraft and/or the names of the pilots are not known at the time the application is submitted, the FAA will accept the application with the statement, “A list containing aircraft and/or pilot information will be furnished on [insert date.]”
j)              Indicates new/changed information. Indicates new/changed information. Block 11—Sponsorship. Not required.
k)          Block 12—Permanent Mailing Address of Sponsor. Not required.
l)              Block 13—Policing. (Security). Ensure that the applicant has described provisions for policing the filming production event, if policing is necessary.
m)      Indicates new/changed information. Block 14—Emergency Facilities. Ensure that the applicant marked all blocks that will be available at the time and place of the event.
n)          Block 15—Air Traffic Control. Not required.
o)          Block 16—Schedule of Events. Ensure the applicant provided at least a general description of the types of maneuvers to be performed during the filming production and their sequence during the filming production event.
p)          Block 17—Certification. As the applicant or an organization’s representative, you must sign in this block and on each page of the application.

Figure 3-55. Sample Motion Picture and Television Operations Manual Special Provisions

The following special provisions are provided for reference only and may be selected and/or modified as determined by the issuing FSDO.

The certificate holder must adhere to the motion picture and television operations manual.

The controls, procedures, and conditions set forth in the (insert name of company) motion picture and television operations manual is the primary assurance that persons on the surface will not be jeopardized. This is the basis for issuance of the authorization and/or waiver. Therefore, failure to comply with the provisions of the manual will be considered a violation of the terms of the authorization and/or waiver and may constitute justification for cancellation of the authorization and/or waiver.

The aircraft and pilots used under this authorization and/or waiver will only be those specified in the (insert name of pilots and/or operators) motion picture and television operations manual or associated plan of activities. Each pilot’s name, and certificate number shall appear on each daily plan of activity.

All civil aircraft and pilot(s) participating in the activity shall be available for FAA inspection before the scheduled event.

The FAA has the authority to cancel or delay some or all participants or events if, in its opinion, the safety of persons or property on the ground or in the air is in jeopardy, or there is a contravention of the terms of the authorization and/or waiver.

Authority to deviate from the regulations is limited to the specific regulations shown on the Authorization of motion picture and television FAA Form 7711-1.

All flight operations conducted under the authorization of this waiver will be performed in accordance with 14 CFR § 91.155, basic visual flight rules (VFR) weather minimums, except as provided in the waiver holder’s motion picture and television operations manual, Special Provisions, Aerobatics.

Aircraft may not be flown along a path that would require excessive maneuvering to avoid nonparticipating persons on the surface in the event of an emergency.

Indicates new/changed information. The holder of this manual shall ensure that each pilot-in-command conducting operations authorized under this certificate understands the conditions of issuance, and that it constitutes a waiver of (insert applicable regulations (e.g., 14 CFR §§ 91.119(b) and (c), 91.303((a) through (e), and 91.515)).

Section 91.119(b) is waived only with respect to participating persons, vehicles, and structures directly involved in the performance of the actual filming. Flight operations closer than 500 feet (200 feet, if authorized) or over flight of a group of nonparticipating persons at less than 1,000 feet AGL are prohibited.

Rotorcraft takeoff and landing areas must be protected in a manner that will prevent unauthorized persons from entering the helipad area. The helipads must be located so the aircraft will not pass over nonparticipating personnel during takeoff and landing.

In the event of an accident considered to be the result of an event deficiency or procedure, flight operations will be canceled until the deficiency has been corrected and the correction accepted by the FSDO responsible for the geographic area in which the activity occurred.

The holder of the authorization and/or waiver shall ensure that the participating persons involved in the operations are thoroughly briefed on special procedures, communications, emergency procedures, and on the provisions of the authorization and/or waiver before beginning the activities. This requirement applies to all persons within 500 feet of the aircraft during waived activity. No person may participate in any event unless that person has received a briefing on the provisions of the waiver.

The holder of the (insert name of company) motion picture and television operations manual shall maintain primary responsibility for safeguarding persons and property on the surface.

The certificate holder must submit 3 days prior to scheduled filming, a written Plan of Activities to the FSDO having jurisdiction over the area of proposed filming. The 3-day notification may be waived with the concurrence of the FSDO. Justification of the exception to the 3-day requirement is required.

Aircraft operated under this authorization and/or waiver will have on board an airworthiness certificate appropriate for the operations being conducted.

Revision # (if appropriate)

_ _ _ FSDO Movie Manual Special Provisions

(enter date of issue)

Figure 3-56. Title 14 CFR Part 91 Motion Picture and Television Operations Manual Development Guide

Each motion picture and television operations manual must contain at least the following items, although it is not restricted to these items.

1. Pilot and/or Operator Organization.

2. Pilot and/or operator name, address, and telephone number of applicant.

3. List of pilots to be used during the filming, including their pilot certificate numbers. This information may be placed in the Plan of Activities. The list must include special pilot authorizations or endorsements (aerobatic, external load, etc.), if applicable.

4. List of aircraft by make, model, serial or registration number. This information shall be placed in the Plan of Activities.

5. Distribution and Revision.

(a) Procedures for revising the motion picture and television operations manual to ensure that all manuals are kept current. A list of effective pages may be appropriate.

(b) Revisions for the accepted motion picture and television operations manual should be forwarded to the FSDO at least 15 days before the proposed effective date.

6. Persons Authorized. The motion picture and television operations manual must include procedures to ensure that no persons, except those persons consenting to be involved and necessary for the filming production, are allowed within 500 feet of the filming production area. This provision may be reduced to no less than 200 feet in the event that a suitable, equivalent level of safety can be achieved. An equivalent level of safety may be determined by evaluation of the filming production area and the degree of terrain features, buildings etc. that will provide a safety barrier to observers.

7. Area of Operations. The motion picture and television operations manual must define the area (city, state or states, etc.) that will be used during the term of the authorization and/or waiver.

8. Plan of Activities. The motion picture and television operations manual must include procedures for the submission, 3 days prior to scheduled filming, which includes a written Plan of Activities, to the local FSDO having jurisdiction over an area of proposed filming. At the discretion of the FSDO, the 3-day notification may be waived. Justification of the exception to the 3-day requirement is needed. The manual shall indicate acknowledgment of the requirement for FAA acceptance of the Plan of Activities prior to beginning filming operations. The Plan of Activities must include at least the following:

(a)       Dates and times for all flights.

(b)       Name and phone number of person responsible for the filming production event.

(c)       Make, model, and serial number or registration number of aircraft to be used and type of airworthiness certificate, including CAT.

(d)       Names and certificate numbers of pilots involved in the filming production event.

(e)       A statement that permission has been obtained from property owners and/or local officials to conduct the filming production event.

(f)         Signature of waiver holder or a designated representative.

(g)       A general outline or summary of the flight activity schedule, including maps or diagrams of the specific filming location, if necessary.

9. Permission to Operate. The motion picture and television operations manual shall specify requirements and procedures that the waiver holder will use to obtain permission from property owners and/or local officials (e.g., police, sheriff, fire departments) as appropriate for the conduct of all filming operations when using the waiver.

10. Security. The manual must specify the method of security that will be used to exclude all persons not directly involved with the operation from the location. This should also include procedures that will be used to stop activities when unauthorized persons, vehicles, or aircraft enter the operations area, or for any other reason, in the interest of safety.

11. Briefing of Pilot/Production Personnel. Procedures must be included to brief personnel of the risks involved, emergency procedures, and safeguards to be followed during the filming production event. Personnel will also be briefed on any additional provisions that may be issued by the local FSDO, including the location of boundaries or any other time limits.

12. Certification/Airworthiness. Procedures must be included to ensure that inspections will be in accordance with 14 CFR parts 43 and 91 and applicable operating limitations. The aircraft to be used may be certificated in any CAT, including experimental, provided the requirements of part 91, §§ 91.7, 91.9, and 91.203 are met.

13. Pilot Personnel—Minimum Requirements. The pilot/operator must establish and specify the minimum pilot requirements. Minimum requirements should meet or exceed the following:

(a)       A current U.S. Commercial Pilot certificate with ratings appropriate to the CAT and class aircraft to be used under the terms of the waiver.

(b)       At least 500 hours logged as PIC and 20 hours of PIC in the aircraft type.

(c)       A minimum of 100 hours in the CAT and class of aircraft to be used.

(d)       A minimum of 5 hours in the make and model aircraft to be used under the waiver.

(e)       In the event that the 1,500-foot minimum standard contained in § 91.303(d) is to be waived, the pilot performing aerobatic maneuvers must hold an FAA Form 8710-7, Statement of Acrobatic Competency, for the operations to be performed.

(f)         In the event the operation to be conducted contains elements of an external-load operation, whether fixed-wing or rotary operations, pilots used in the operation shall be qualified. This qualification may be obtained through a test of knowledge (which may be oral or written) and/or skill. A FAA inspector will give the test(s) or another company pilot approved by the FSDO and who is qualified to carry loads externally. These tests will be similar to 14 CFR part 133 requirements and cover the following subjects:

·              Steps to be taken before starting operations, including a survey of the flight area.

·              Proper method of loading, rigging, or attaching the external-load.

·              Aircraft performance capabilities under motion picture operating procedures and the Aircraft Flight Manual (AFM).

·              Proper instructions for flight and ground crew personnel.

·              Aircraft flight manual, pilot operations handbook, or a rotorcraft-load combination flight manual, and limitations, if appropriate.

14. Communications. The motion picture and television flight operations manual must contain procedures to provide communications capability with all participants during the actual operation and filming. The applicant can use oral, visual, or radio communications as along as it keeps the participants continuously apprised of the current status of the operation.

15. Accident Notification. The motion picture and television flight operations manual must contain procedures for notification and reporting of accidents.

Figure 3-57. Sample Letter of Disapproval of an Application

FAA Letterhead

[date]

[applicant’s name and address]

Dear [applicant’s name]:

This letter informs you that the application you submitted on [indicate date] has been disapproved for the reasons listed in the “Remarks” section of FAA Form 7711-2.

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

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

Sincerely,

[principal operations inspector’s signature]

Figure 3-58. Sample Letter of Non-acceptance of a Flight Operations Manual

FAA Letterhead

[date]

[pilot/operator’s name and address]

Dear [pilot/operator name]:

This letter informs you that the motion picture and television flight operations manual submitted on [indicate date] has been determined unacceptable for the following reasons:

[list all reasons for non-acceptance]

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

If you have any questions, please feel free to contact this office during regular business hours at the following telephone number [indicate number].

Sincerely,

[principal operations inspector’s signature]

Figure 3-59. Sample Letter of Acceptance of a Flight Operations Manual

FAA Letterhead

[date]

[pilot/operator’s name and address]

Dear [pilot/operator’s name]

This letter informs you that the motion picture and television flight operations manual submitted on [indicate date] has been accepted.

If you have any questions, please feel free to contact this office during regular business hours at the following telephone number [indicate number].

Sincerely,

[principal operations inspector’s signature]

Figure 3-60. Sample Letter of Reminder

FAA Letterhead

[date]

[pilot/operator’s name and address]

Dear [pilot/operator’s name]:

This letter is a reminder that a plan of activities must be submitted, as outlined in your accepted motion picture and television flight operations manual, to the local Flight Standards District Office (FSDO) having jurisdiction over the area of proposed filming.

The plan of activities must be submitted at least 3 days before actual filming begins.

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

Sincerely,

[principal operations inspector’s signature]

RESERVED. Paragraphs 3-221 through 3-235.

 

11/28/12                                                                                                                                           8900.1 CHG 0

Volume 3 GENERAL TECHNICAL ADMINISTRATION

CHAPTER 12 INTRODUCTION TO 14 CFR PART 91 RELATED TASKS

Section 3 Suspected Violations of 14 CFR § 91.17, Alcohol or Drugs

3-351                    GENERAL. The material in this section is a “quick reference guide” that summarizes the authority of Federal Aviation Administration (FAA) personnel in cases where an FAA employee suspects that a crewmember is violating or may violate Title 14 of the Code of Federal Regulations (14 CFR) part 91, General Operating and Flight Rules, § 91.17. This section also contains guidance for the FAA employee to follow in such cases. The guidance in this section applies to any crewmember of a civil aircraft, whether employed by an air carrier or conducting commercial or general aviation operations. This material supplements existing guidance in the most recent edition of FAA Order 2150.3.

3-352                    RESPONSIBILITIES AND AUTHORITIES.

A.        Air Carrier Responsibilities. Under Title 49 of the United States Code (49 U.S.C.), an air carrier is under a duty to perform its services with the highest possible degree of safety in the public interest. An air carrier and a crewmember of an aircraft primarily are responsible for conducting their operations safely and for ensuring compliance with 14 CFR. Allegations that a crewmember has violated, or may violate, FAA alcohol or drug regulations must be investigated with the highest priority. Prevention of these violations is critical to flight safety.

B.        Indicates new/changed text. Authority to Prescribe Rules. Under 49 U.S.C. § 44701, it is the FAA’s duty to prescribe regulations to promote the safety of flight of civil aircraft in air commerce. Section 91.17 prohibits any person from acting or attempting to act as a crewmember of a civil aircraft under any of the following conditions:

1)          Within 8 hours after the consumption of any alcoholic beverage;
2)          While under the influence of alcohol;
3)          While using any drug that affects the person’s faculties in any way contrary to safety; and/or
4)          While having 0.04 percent by weight or more alcohol in the blood.

C.        Indicates new/changed text. Authority to Suspend or Revoke Certificates of Airmen or Air Carriers. Under 49 U.S.C. § 44709, the FAA may amend, modify, suspend, or revoke in whole or in part any certificate issued by the FAA, if, as a result of re examination or investigation, the FAA determines that safety in air commerce or air transportation and the public interest require it. FAA must advise the certificate holder of the charges or reasons for the action and provide the certificate holder with an opportunity to respond; the exception is an emergency requiring immediate action.

D.      Authority to Prohibit the Operation of Aircraft by a Crewmember in Violation of § 91.17. The FAA has full authority over the safety certification of air carrier operations. The FAA may also issue orders, orally or in writing, as deemed necessary to carry out FAA powers and duties under 49 U.S.C. This includes the authority to make such orders immediately effective without notice in order to meet any emergency requiring immediate action in the interest of safety in air commerce.

3-353                    SUBMISSION TO ALCOHOL TESTS. Revisions to 14 CFR part 61, § 61.16, 14 CFR part 63, § 63.12(a), and § 91.17 provide an additional enforcement tool and add deterrence to violation of 14 CFR pertaining to alcohol.

A.        Alcohol Impairment. Studies have proved that alcohol consumption impairs a pilot’s or crewmember’s ability to perform. Indeed, the National Transportation Safety Board (NTSB) has determined that alcohol is a cause or factor in a significant number of aircraft accidents, many of which were fatal. The revised rules were, in part, a response to this NTSB determination.

B.        Regulatory Requirement. An inspector has the authority to request a law enforcement officer to require a pilot or crewmember of a civil aircraft, in certain circumstances, to submit to testing which will indicate the percentage (by weight) of alcohol in the blood.

1)          The request for such a test must be made by the FAA to a law enforcement officer who is authorized under state or local law to conduct the test or to have the test conducted.
2)          The request for the test must be part of an investigation of a suspected violation of state or local law governing the same or substantially similar action prohibited by the FAA alcohol rules. However, the officer cannot enforce FAA rules. The law enforcement officer conducting or obtaining the test acts under his or her own state or local authority.

C.        Reasonable Basis. There must be a reasonable basis for belief that a pilot or crewmember has unlawfully used alcohol in connection with his or her duties.

1)          Compliance with the request for a test is required of the pilot or crewmember.
2)          Failure to submit to the test could result in suspension or revocation of any airman certificate and denial of a new certificate or rating. Civil penalty action could also be taken.
3)          Civil penalties will also be levied against flight attendants or other crewmembers who do not hold airman certificates.

D.      Additional Evidence. The alcohol test required under the revised 14 CFR is not the only way to prove an incident of flying “under the influence.” As in the past, any alcohol test or other evidence, such as witness observation of suspicious behavior, may be used.

3-354                    INSPECTOR AUTHORITY. Flight Standards inspectors are not authorized under 14 CFR to require a crewmember to submit to an alcohol test. They must have a local or state law enforcement officer request it.

A.        State Laws. Not all states have enacted statutes prohibiting flying under the influence of alcohol or drugs or authorizing state or local law enforcement officers to request blood alcohol tests of crewmembers.

1)          Each district office manager should work with regional counsel to become familiar with the laws of each state included in the district office’s jurisdiction.
2)          Managers should also provide written guidance to all inspectors in the district office for ready reference. The guidance should include specific procedures as to when, and under what circumstances, an inspector should involve state or local law enforcement.

B.        Objective. Inspectors must recognize the fundamental objective of the guidance provided here: to use all available FAA resources to prevent any person from acting as crewmembers while that person is under the influence of alcohol or drugs.

1)          Accomplishing this sometimes requires ingenuity and quick thinking, especially when time is short.
2)          Prompt notification of flight standards management and the air carrier, using the resources of FAA communications centers, usually is the best way to obtain promptly the assistance needed to prevent operation of an aircraft in violation of FAA alcohol and drug regulations.

3-355                    INSPECTOR ACTION.

A.        Receipt of Information. Any FAA employee who receives information regarding a crewmember’s operation of an aircraft in violation of FAA alcohol or drug regulations immediately must contact a flight standards inspector and transmit the information to the inspector.

1)          If the inspector has reasonable cause to believe that a pilot or other crewmember is under the influence of or has used alcohol while performing or attempting to perform his or her crewmember duties, the inspector shall use the guidance in this section to determine the appropriate action to take.
2)          To the extent possible, the inspector should coordinate with the regional administrator and counsel before taking action. If the circumstances and time do not permit prior coordination, the inspector should provide information as soon as possible to the regional administrator through the appropriate channels on all actions taken to address the situation.

B.        Notification of Air Carrier Officials. If the crewmember is an employee of an air carrier, the inspector shall promptly contact an appropriate management official of the air carrier, who is immediately accessible by telephone. (The unofficial source for air carrier contact telephone numbers is the air carrier jump seat list. It is available to FAA personnel only on the Internet at www.faa.gov/fsdo/orl.)

1)          The inspector shall inform the official of the following:
a)          All pertinent information to enable an air carrier to conduct its own investigation.
b)          The steps that the inspector intends to pursue based on the information.
2)          In providing information to the air carrier, the inspector must protect any confidential source who has requested anonymity.
3)          The inspector shall urge the air carrier to assist FAA in its investigation and, if appropriate, to take action to ensure that the flight crewmember does not serve on the flight.
4)          The inspector should remind the air carrier official of the provisions of § 91.17(a) and the authority of the FAA to prohibit, where warranted, the operation of the aircraft in the event the carrier fails to take action on its own.
5)          The inspector should also advise the air carrier official of 18 U.S.C. § 342, a criminal statute that provides for imprisonment and fines against whoever operates or directs the operation of an air carrier while under the influence of alcohol or drugs.

C.        Notification of FAA Personnel. The inspector also immediately should notify his or her supervisor and, in the case of an air carrier crewmember, the certificate management unit that holds the air carrier’s operating certificate, of the information and the action the inspector intends to pursue. These officials should contact appropriate Washington headquarters officials in their chain of command, as time permits.

D.      Notification of Flight Standards Division and Regional Counsel. If the inspector does not receive a response from the air carrier that resolves satisfactorily the inspector’s safety concerns, the inspector immediately shall notify flight standards management in his or her chain of command, who in turn shall notify the office of assistant chief counsel in the region. The inspector shall elevate the notification to the highest FAA management official (up to and including the administrator) as necessary to contact air carrier management and to address the agency’s concern for flight safety.

E.        Means of Notification. The inspector shall use the most expeditious means available to communicate with FAA personnel and air carrier management, normally through the FAA operations center in the field. If necessary, the inspector may contact the Washington Headquarters Operations Center at (202) 267-3333.

F.          Notification of State or Local Law Enforcement. Whether the crewmember is an employee of an air carrier or is conducting either commercial or general aviation operations, the inspector shall, as soon as possible, notify state or local law enforcement personnel, when appropriate, and request their assistance in the investigation or other appropriate action in accordance with FAA Order 2150.3.

G.      Legal Enforcement Action. If necessary to protect the safety of the traveling public and in furtherance of the public interest, the Administrator, the Chief Counsel, the Deputy Chief Counsel, the Assistant Chief Counsel for Regulations and Enforcement, and each regional Assistant Chief Counsel may issue an emergency order, either orally or in writing, to prohibit an air carrier from operating a specific flight with a particular crewmember or crewmembers or to suspend an airman certificate to ensure the safety of flight of civil aircraft in air commerce.

1)          The assistant chief counsel for the region shall consult with the regional administrator where possible if consultation will not delay action necessary to protect aviation safety.
2)          Any order shall be in writing if time permits. The contents of a written order may be communicated orally by the inspector to the crewmember, the air carrier, or both. An order may be issued orally by counsel and communicated by the inspector if necessary to prevent operations detrimental to aviation safety, but the oral order must be followed up in writing as soon as possible.
3)          Each oral or written order must state the grounds for issuance and must notify the respondents of any right of appeal.
4)          Any order, whether written or oral, shall be served at the earliest possible time on the crewmember, the air carrier, or both, as named in the order.

H.      Scenarios. Following are some situations an inspector may encounter. Time is a critical factor in determining intoxication, since alcohol is dissipated from the blood as time passes.

1)          An inspector observes a pilot or crewmember who appears to be intoxicated while performing his or her duties.
a)          The inspector must request to see the airman’s certificate, medical certificate, and other identification.
b)          The inspector shall advise the pilot or crewmember not to fly or perform other crewmember duties.
c)          The inspector must contact the local law enforcement office and request the presence of a qualified officer who has the authority to conduct the alcohol test.
d)          When the law officer arrives, the inspector must direct the officer to the suspected pilot or crewmember, and provide the crewmember’s identification. The officer then asks the individual to submit immediately to an alcohol test in accordance with 14 CFR. (A positive field test is usually the basis for an additional Breathalyzer test and blood test.)
e)          If the pilot or crewmember is taken to a hospital for a blood test, the local law officer obtains the test results under local law. The inspector must then obtain the results from the local law enforcement office or request that the pilot or crewmember provide the test results under the authority of § 91.17(c)(2). The inspector should ask the pilot or crewmember to sign a medical release form, FAA Form 8500-21 (Figure 3-63), to assist in obtaining test results. The FAA can request all results of tests taken within 4 hours after acting or attempting to act as a pilot or crewmember.
f)              If the pilot or crewmember refuses to consent to an alcohol test, advise him or her that enforcement action will be taken in accordance with § 61.16 or § 63.12(a). Successful enforcement action may result in revocation or suspension of any airman certificates and denial of an application for additional rating or certificates for a year. The inspector should take either normal or emergency enforcement action depending on the circumstances and severity of the incident. (See Related Task in Volume 7, Chapter 6, Conduct an Investigation of FAA Flight Operations To Determine Compliance. If the airman wishes to voluntarily surrender any airman certificate, see Volume 5, Chapter 2, Section 5, Miscellaneous Part 61 Certification Information). In all cases the district office should consult a regional specialist and regional counsel as soon after the incident as possible to assist in identifying what evidence should be gathered. When the pilot or crewmember refuses to take a test, but other evidence is sufficient to prove the case, enforcement action can still be taken.
g)          If the pilot or crewmember tries to leave the scene, the inspector must not attempt to detain the airman. The inspector shall request appropriate action from airport security, if available, or a local law enforcement officer.
h)          If the pilot or crewmember refuses to present identification, a description of the pilot or crewmember and any vehicle he or she used (including automobile license plate number) should be noted for use in apprehending the individual. If the pilot or crewmember attempts to leave the scene in an aircraft, notify air traffic control.
i)              Upon refusal to provide identification, the inspector shall advise the pilot or crewmember of the requirement to show airman and medical certificates in accordance with §§ 61.3(h) or 63.3(c). If he or she still refuses to provide identification, the inspector should attempt to identify the individual by contacting the local fixed base operator or other airport personnel. If possible the inspector should determine the name and address of the registered owner of the aircraft involved to assist in identifying the pilot or crewmember.
2)          A district office receives a telephone or other complaint of a person flying while intoxicated or attempting to operate an aircraft while under the influence of alcohol.
a)          If an inspector is unable to go to the scene, the nearest law enforcement office should be called for assistance.
b)          The test should be conducted and the evidence obtained as in subparagraph 3-355H1) above.
3)          A local law enforcement officer observes an apparently intoxicated pilot or crewmember during the officer’s normal course of duty. In the event of this occurrence, the district office should advise all local and state law enforcement offices of the alcohol/drug regulations and give a copy of this section and §§ 61.31(h), 63.3(c), 61.16, 63.12(a), and 91.17. The district office should emphasize to law enforcement personnel that they will be acting in accordance with their local statutes and not under FAA authority. The district office must request them to provide a copy of the results of any tests given an airman to the nearest FAA district office.

I.            Legal Process. Inspectors must make certain all evidence is preserved. It is essential that inspectors make a record of all conversations with the suspected pilot or crewmember. Furthermore, the inspector must record names and addresses of any witnesses to those conversations or to the suspicious behavior.

1)          In non emergency cases, the pilot or crewmember will be notified with the usual letter of investigation and allowed to respond to charges.
2)          In a case involving the 0.04 percent rule, the inspector should have in hand the results of the alcohol test, showing 0.04 percent or more weight of alcohol in the blood, before sending the letter of investigation.
3)          In emergency cases the pilot or crewmember will be advised that the severity of the circumstances endangers life and property and warrants emergency action against his or her airman certificate. The individual should be advised not to exercise the privileges of that certificate. Depending upon the specific incident, the inspector can ask the pilot or crewmember to surrender the certificate to the inspector voluntarily.

J.          Privacy Act. Because of the sensitivity of the test results, it is important that the results not be released. As in any enforcement investigation, all evidence must be confidential. Request for release of the information will be handled in accordance with FAA Order 1270.1, Freedom of Information Act Program. An enforcement report or any part of a report can only be released by regional counsel.

K.      Summary. It must be reemphasized that the state or local law enforcement officer acts under state or local laws, not under FAA authority.

1)          Nearly two thirds of the 50 states currently have “flying while impaired” rules, and most states have laws and procedures for obtaining alcohol tests. District offices should contact state and local law enforcement offices to obtain information and appropriate statute numbers.
2)          District office personnel should advise local and state law enforcement officials of the new federal regulations and procedures in order to encourage a spirit of cooperation in obtaining evidence as quickly as possible.
3)          Law enforcement officers should be advised to contact their local flight standards district office when they apprehend a pilot or crewmember involved in operating an aircraft under the influence.

Figure 3-63. FAA Form 8500-21, Medical Release Form

Figure 3-63. FAA Form 8500-21, Medical Release Form

RESERVED. Paragraphs 3-356 through 3-370.

 

12/12/12                                                                                                                                     8900.1 CHG 236

Volume 3 General Technical Administration

chapter 18 Operations Specifications

Section 3 Part A Operations Specifications—General

3-736                    DISCUSSION. This section and sections 4, 5, and 6 of Volume 3, Chapter 18 discuss each standard template available for issuance by the automated Operations Safety System (OPSS), also known as the Web-based automated Operations Safety System (WebOPSS). These templates are more commonly referred to as “paragraphs.” The standard paragraphs discussed in this order are limited to operations in accordance with Title 14 of the Code of Federal Regulations (14 CFR) parts 91, 91 subpart K (91K), 121, 125 (including Letter of Deviation Authority (LODA) 125 subpart M (125M)), 135, and 145.

A.        Definition of OpSpecs. The standard paragraphs for parts 121, 125, 135, and 145 are called operations specifications (OpSpecs).

B.        Definition of MSpecs. The standard paragraphs for part 91K are called management specifications (MSpecs).

C.        Definition of LOAs. The standard paragraph for part 91 and 125M are called letters of authorization (LOA).

D.      Other Source Documents. References are provided to other sections of this handbook, to advisory circulars, or other applicable documents that discuss detailed requirements for certain standard paragraphs.

E.        Ensure Complete Review. Before issuing a standard paragraph, any specific requirements specified by this order or the referenced material (relative to the paragraph being issued) must be met. Before reading the following sections for the first time, review the applicable paragraphs available in the OPSS for the specific regulation.

F.          Applicability of Paragraphs. There are some standard paragraphs that are required to be issued to all operators for a specific regulation. There are standard paragraphs that are optional and only issued when the operator is specifically authorized to conduct those operations.

Note:            All 300-series and nonstandard 500-series OpSpecs/MSpecs/training specifications (TSpecs)/LOAs (Parts A, B, C, D, E, and H) require approval by the appropriate headquarters (HQ) policy division. Title 14 CFR parts operators’ nonstandard operational requests must be approved by the General Aviation and Commercial Division (AFS-800). Title 14 CFR parts 121, 135, and 142 nonstandard operational requests must be approved for issuance by the Air Transportation Division (AFS-200). Parts 121, 135, and 14 CFR part 145 repair stations and all airworthiness nonstandard requests must be approved by the Aircraft Maintenance Division (AFS-300). All Weather Operations (AWO) relating to instrument procedures must be approved by the Flight Technologies and Procedures Division (AFS-400) and AFS 200 or AFS-800, as appropriate. Nonstandard authorizations for 14 CFR part 129 foreign operators require approval from the International Programs and Policy Division (AFS-50).

Note:            All text added to an OpSpec/MSpec/TSpec or LOA through the use of nonstandard text entered in the nonstandard text block (sometimes referred to as “Text 99”) must also be approved by the appropriate HQ policy division. For detailed guidance on the process for obtaining HQ approval for nonstandard authorizations, principal inspectors (PI) must read the guidance contained in Volume 3, Chapter 18, Section 2.

3-737                    PART A OPERATIONS AND MANAGEMENT SPECIFICATIONS PARAGRAPHS.

OPSPEC/MSPEC A001, ISSUANCE AND APPLICABILITY.

A.        General. A001 identifies the OpSpec/MSpec holder. The name must be the legal name of the operator. A001 also specifies the kinds of operations authorized, the applicable regulatory sections under which the operations are to be conducted, and any other business names under which the operations are being conducted. See the new OPSS user’s manual for additional guidance to issue A001. Figure 3-4 is a summary of the information required in OpSpec/MSpec A001.

Table 3-4.               Summary of Information Required in OpSpec/MSpec A001

Type of Certificate

Any of the following may apply:

Type of Carriage:

Regulation Reference:

Economic Authority

Text to be inserted:

Air Carrier

Domestic

Common

119.21(a)(1)

(Part 121)

and provided, at all times, the certificate holder has written economic authority issued by the Department of Transportation.

Air Carrier

Flag

Common

119.21(a)(2)

(Part 121)

and provided, at all times, the certificate holder has written economic authority issued by the Department of Transportation.

Air Carrier

Supplemental Passenger

(more than 60 pax and/or >18,000# payload)

Common

119.21(a)(3)(i)

(Part 121)

and provided, at all times, the certificate holder has written economic authority issued by the Department of Transportation.

Air Carrier

Supplemental All Cargo

Common

119.21(a)(3) (ii)

(Part 121)

and provided, at all times, the certificate holder has written economic authority issued by the Department of Transportation.

Air Carrier

Commuter

(5+ trips/week)

Common

119.21(a)(4)

(Part 135)

and provided, at all times, the certificate holder has written economic authority issued by the Department of Transportation.

Air Carrier

On Demand

(less than 5 round trips/week)

Common

119.21(a)(5)

(Part 135)

and provided, at all times, the certificate holder has written economic authority issued by the Department of Transportation.

Operating

Flight

(Part 125))

Private

Non Common

119.23(a)

(Part 125)

and provided the certificate holder does not conduct any operation which results directly or indirectly from the certificate holder or any other person holding out to the public to provide for the carriage of person or property.

Operating

On Demand

(non scheduled)

Private

__________

Non Common

119.23(b)

(Part 135)

Ltd. to holding out to public

________

# of Con tracts

(Definitions)

119.23(b)(3)

and provided the certificate holder does not conduct any operation which results directly or indirectly from the certificate holder or any other person holding out to the public to provide for the carriage of person or property.

Air Carrier

Commuter

Rotorcraft

Common

119.25(a)

and provided, at all times, the certificate holder has written economic authority issued by the Department of Transportation.

Air Carrier

On Demand

Rotorcraft

Common

119.25(b)

and provided, at all times, the certificate holder has written economic authority issued by the Department of Transportation.

None

Fractional

Non Common

Part 91K

None.

B.        Authorization. A001 authorizes the conduct of operations under other business names known as “doing business as” (DBA). If no operations are authorized to be conducted under another DBA, the statement selected will state that “the operator is authorized to use only the business name which appears on the certificate to conduct the operations described in subparagraph a.” Other DBAs authorized under 14 CFR parts 215 or 298 must be listed in OpSpecs. Before listing a DBA in an operator’s OpSpecs or entering a DBA in an Air Oper Enhanced Vital Information Database (eVID) file, inspectors must verify that the DBA is on file with DOT or an appropriate state agency. This verification can be accomplished by one of the following means:

1)          The operator shows that the DBA is listed on a DOT registration (proof of insurance);
2)          The operator shows that the DBA is listed on a DOT certificate of public convenience and necessity;
3)          The operator shows that the DBA is authorized by a DOT order or other DOT document;
4)          When the operator claims the DBA is on file with the DOT, verification must be made by contacting the DOT Office of Aviation Analysis, Air Carrier Fitness Division, (202) 366-9721; or
5)          When an “operating certificate” is involved, the operator shows that the DBA is authorized and registered by an appropriate state authority.
6)          DBAs can apply to 14 CFR part 91 subpart K, but they do not have economic authority requirements.

C.        Part 145. For part 145 repair stations, A001 lists the:

·              Location,

·              Mailing address (if different from the fixed location),

·              Other DBAs (see subparagraph B above) if authorized, and

·              Any delegated authorities.

OPSPEC/MSPEC A002, DEFINITIONS AND ABBREVIATIONS. A002 includes definitions of words or phrases used in other paragraphs. These definitions are not found in the regulations and should enhance understandings between the FAA and the aviation industry. Washington headquarters developed definitions must not be changed by regional or district offices. Washington headquarters will add definitions when it becomes apparent that they are needed. Addition of a definition by a certificate-holding district office (CHDO) makes the whole paragraph nonstandard and must be processed as a nonstandard OpSpec/MSpec request.

OPSPEC/MSPEC A003, AIRPLANE/AIRCRAFT AUTHORIZATION. OpSpec/MSpec A003 authorizes an operator or certificate holder to use specific make, model, and series (M/M/S) of airplanes in 14 CFR part 91 subpart K (part 91K), 121, 125, or 135 operations. A003 is populated with data from the “Maintain Operator Data—Aircraft” area of the automated Operations Safety System (OPSS). The only field that is populated within the A003 template is nonstandard text. If this field is used, the additional text must be coordinated and approved in accordance with Volume 3, Chapter 18, Section 2, paragraphs 3-712 and 3-713. In most cases, the A003 column labels match the data column labels in the “Maintain Operator Data—Aircraft” area of the OPSS. In contrast to OpSpec A001, OpSpec A003 does not identify the air carrier’s overall authority to conduct a particular kind of operation. Instead, it represents the FAA’s approval of the air carrier’s use of a particular airplane in carrying out the kinds of operations that are authorized. The column labeled “Type Section 119” reflects the 14 CFR part 119 operating authorization granted by the certificate holder’s Air Carrier/Operating Certificate. Volume 2, Chapter 2, Section 2, paragraph 2-129 explains the hierarchy of part 119 authorizations. The rest of the set of OpSpecs are then put into place to authorize the air carrier to conduct specific types of operations in accordance with the authorizations and airplane identified in A001 and A003. The following provides terminology clarification and guidance on both the “A003” and the OPSS “Maintain Operator Data—Aircraft” columns. A003 templates do not use every data column available in the OPSS “Maintain Operator Data—Aircraft” area. A003 column usage will vary across 14 CFR parts. Each A003 has its columns organized to meet the needs of the 14 CFR part. The column descriptions below are not all-inclusive and, therefore, not every column in every A003 template is described. The columns that are not described are self-explanatory.

D.      M/M/S: Parts 91K, 121, 125, and 135. Select the authorized M/M/S using the aircraft listing provided in the OPSS. If the appropriate M/M/S cannot be found in the OPSS, inspectors should immediately notify the OPSS help desk so that the airplane listing can be updated.

E.        Type of Part 119 Common Carriage Operations. For each aircraft, list the type of operation authorized. This is accomplished in the OPSS “Maintain Operator Data—Aircraft” area. The authorization is aircraft specific. In some cases, more than one part 119 type of operation may be required for an M/M/S. When A003 is generated, the data from the OPSS “Maintain Operator Data—Aircraft” are loaded into the appropriate A003 columns. Part 119 section selections in the OPSS “Maintain Operator Data—Aircraft” area are part 119-specific for each 14 CFR part. Examples of part 119 section selections for parts 121, 125, and 135 include the following:

1)          Selections available for part 121:

·              Section 119.21(a)(1)—Domestic (D),

·              Section 119.21(a)(2)—Flag (F),

·              Section 119.21(a)(3)—Supplemental (S), and

·              Section 119.21 (a)(1), (2), (3)—(D) (F) & (S).

Note:            In the cases where more than one type of part 121 operation is authorized for a particular airplane, the certificate holder/principal operations inspector (POI) should select “119.21(a)(1), (2), (3)—(D) (F) & (S)” in the column labeled “Type Section 119.” For example, an air carrier who operates a DC-9-82, N12121, in both domestic and international operations (lower 48 states and Canada), the certificate holder/POI should select “119.21(a)(1),(2),(3)—(D) (F) & (S).”

2)          Selections available for part 125/125M (Letter of Deviation Authority (LODA)):

·              Section 119.23(a)—Private Carriage (Noncommon Carriage), and

·              Section 119.23(a)—125M LODA (When Common Carriage is Not Involved).

3)          Selections available for part 135:

·              Section 119.21(a)(4)—Commuter,

·              Section 119.21(a)(5)—On-Demand,

·              Section 119.23(b)—Private Carriage (Noncommon Carriage),

·              Section 119.25(a)—Rotorcraft Commuter, and

·              Section 119.25(b)—Rotorcraft On-Demand.

F.          Passenger Seating Terminology for Parts 121 and 125.

1)          Passenger seating terminology is derived from and associated with the emergency evacuation demonstrations requirements of 14 CFR part 25, § 25.803; part 121, § 121.291(a) and (b); and part 125, § 125.189. These terms are also consistent with the guidance in Volume 3, Chapter 30.
2)          For the purposes of parts 121 and 125 emergency evacuation demonstration requirements, the terms “capacity” and “configuration” have the same meaning with respect to passenger seating. An airplane with a seating capacity of more than 44 passengers requires a demonstration of emergency evacuation procedures in accordance with § 121.291 or § 125.189.
3)          “Certificated seats,” as referenced in A003, is a term derived from the emergency evacuation certification requirements of § 25.803. This requirement establishes, by actual demonstration, the maximum certificated seating capacity of the airplane. Volume 3, Chapter 30, Section 9 includes Table 3-121, Maximum Approved Passenger Seating Capacity For Transport, which lists the maximum seating capacity for airplanes typically used in air carrier service. This list is to be considered the primary source document for Flight Standards Service (AFS) inspectors when determining maximum seating capacities. The listed maximum seating capacity values are derived from the airplane Type Certificate Data Sheets (TCDS).
4)          “Demonstrated seats” is the number of seats installed in the airplane at the time the certificate holder complied with § 121.291(a) or (b), or § 125.189(a) and (b). This seating configuration will determine the number of Flight Attendants (F/A) required by § 121.391 or § 125.269.
5)          “Installed seats” refers to the actual seating configuration of the individual airplane.

Note:            For part 135 OPSS data entry, “certificated seats” refers to the maximum seating capacity stated in the aircraft TCDS, which includes pilot seats. “Installed seats” are passenger seats actually installed in the individual aircraft. Office of the Secretary of Transportation (OST) Form 4507, Air Taxi Operator Registration and Amendments under Part 298 of the Regulations of the Department of Transportation, requires the applicant to list the passenger seats installed for the aircraft make and model. This does not include seats occupied by the pilot or co-pilot, unless the latter is available for passenger use. OPSS data feeds the 14 CFR part 298 insurance registration and coverage module from “Maintain Operator Data—Aircraft” for certificated seats only.

6)          All-cargo operations allow only passengers as defined in § 121.583(a) and part 135, § 135.85. For all-cargo operations, the number “0” shall be entered into the columns labeled “Certificated Seats,” and “Demonstrated Seats.”
7)          In passenger/cargo operations, the passenger seating guidance in subparagraphs 3-737C1) through 4) apply.

G.      Number of F/As: Parts 121 and 125. Enter the number of F/As used during the certificate holder’s emergency evacuation demonstration required by § 121.291 or § 125.189 for each airplane listed.

H.      F/A: § 135.107. In the OPSS “Maintain Operator Data—Aircraft, Flight Attendant” column enter the F/A requirement for each airplane. If the airplane is configured with more than 19 passenger seats, enter the number “1.” If the passenger seating configuration is 19 seats or fewer, enter the number “0.” There is not a “Number of Flight Attendants” column associated with OpSpec A003 for part 135.

I.            Class of Operation. Enter the appropriate class of operation for each airplane listed. Enter only one class of operation for each airplane. The classes of operations are: Single-Engine Land (SEL), Single-Engine Sea (SES), Multiengine Land (MEL), Multiengine Sea (MES), and helicopter (HEL).

J.          Type of Operation. Enter the appropriate en route flight rule for each airplane. If the airplane is approved for instrument flight rules (IFR) operations, enter “IFR/VFR” in the column labeled “En Route Flight Rule.” Part 121 operations are required to conduct operations in IFR. If the airplane is restricted to visual flight rules (VFR) operations only, select “VFR Only.” Select the day/night condition for each airplane. If the airplane is approved for both day and night conditions, select “Day/Night” in the column labeled “Condition.” If the airplane is approved for daylight conditions only, select “Day Only.”

OPSPEC/MSPEC A004, SUMMARY OF SPECIAL AUTHORIZATIONS AND LIMITATIONS.

A.        Purpose. This paragraph summarizes optional authorizations applicable to a particular operator.

B. Part 145. For part 145 repair stations, this paragraph summarizes special (optional) authorizations and/or limitations applicable to the certificate holder. The OPSS application extracts the specific paragraphs that authorize a specific activity; it provides a summary of the authorized activity and reference number of the specific paragraph.

OPSPEC/MSPEC A005, EXEMPTIONS AND DEVIATIONS. In order for an operator to conduct operations under the provisions of any exemption or deviation, the exemption or deviation must be listed in A005.

A.        Exemptions. The current exemption number and expiration date must be selected for insertion into A005. List the exemption numbers in numerical order. Enter a brief description of the exemption or, if appropriate, the exempted regulations in the space labeled Remarks and/or References (adjacent to each exemption). If certain conditions or limitations related to the exemption are specified in another paragraph of the OpSpec, the reference number of the other paragraph must also be entered in this space. For example, if a single high frequency (HF) radio is permitted by exemption in certain areas of en route operation, insert a reference to OpSpec B050 ( see paragraph B050). In this example, the appropriate areas of en route operation in B050 should contain a note authorizing the provisions of that exemption for those areas.

B.        Deviations. Enter the applicable 14 CFR sections to which a deviation has been granted in A005b. Select the applicable deviations by 14 CFR section. In the space labeled Remarks and/or References (adjacent to each deviation), briefly describe the provisions of the deviation. For example, if an operator is granted a deviation to permit the same person to serve as director of operations and director of maintenance, list the applicable 14 CFR. In the Remarks and/or Reference space, enter information specific to that operator or NA for “not applicable”. Table 3-5 explains the standard OpSpecs paragraphs that must be referenced and issued when granting deviations in each subject area (others may also be applicable).

Note:            There are no deviations for part 145 repair stations.

Table 3-5.               Standard OpSpecs Paragraphs to Reference When Granting Deviations

SUBJECT

PARAGRAPH NUMBER

APPROPRIATE REGULATION

Management

A006

Various, depends on operating regulation, management position, and qualifications

Extended-Overwater Operations without liferafts

A013

Sections 121.339(a)(2), (3), and (4)

Basic Part 135 Operator

On-Demand Operations Only

A038

Sections 119.69(b), 135.21(a), and 135.341(a)

Basic Part 135 Operator

Commuter and On-Demand

A037

Sections 119.69(b), 135.21(a), and 135.341(a)

Part 135 Single Pilot-in-Command Operator

A039

Sections 119.69(b), 135.21(a), and 135.341(a)

Extended-Range Operations with Two-Engine Airplanes

B042

Sections 121.161(a)

Special Fuel Reserves in International (Flag) Operations

B043

Sections 121.645(b)(2)

OPSPEC A006, MANAGEMENT PERSONNEL.

A.        Titles. An operator’s management personnel may have titles different from titles of management positions used in the 14 CFR. The intent of A006 is to clearly identify the operator’s management personnel who are fulfilling 14 CFR management positions. A006 is also used to approve deviations from required management positions. Direction and guidance for approving deviations from management requirements is in subparagraph C below. Indicate approval of these deviations in A006 as follows:

1)          For deviations that permit less than the required management positions, leave the positions that are not filled blank. Enter “NA” for “not applicable” for single-pilot operators and single pilot in command (PIC) operators.
2)          For deviations that permit the same person to fill two or more positions, enter the name and title of that person in the appropriate positions.
3)          For deviations that permit a person to hold a management position when that person does not meet the regulatory qualification requirements, enter the name and title of that person in the appropriate position.
4)          In all cases list the appropriate regulatory section in OpSpec A005(b) of the OpSpecs.

B.        Required Information. The OPSS must be accurate and contain at least the information required for OpSpecs in order for them to be correct. Additional text may be added to A006 without making it nonstandard, provided the extra paragraph is used to identify additional management positions (such as more than one chief pilot), or to specify conditions of a deviation. If the extra paragraph provides for anything other than the preceding, it must be processed in accordance with Volume 3, Chapter 2, Section 1, paragraph 3-37B.

C.        Required Management and Technical Personnel Positions.

1)          Title 14 CFR part 119, § 119.65 requires management and technical personnel positions for certificate holders operating under 14 CFR part 121 (i.e., Director of Safety (DOS), Director of Operations (DO), chief pilot, Director of Maintenance (DOM), chief inspector).
2)          Section 119.69 requires management and technical personnel positions for certificate holders operating under 14 CFR part 135 (i.e., DO, chief pilot, DOM).
3)          Sections 119.67 and 119.71 specify the airman and experience qualifications for personnel serving in these positions for parts 121 and 135, respectively.
4)          Sections 119.67(e) and 119.71(f) specify airman, managerial, and supervisory experience deviation authority.
5)          The regulations are intended to ensure that persons holding these required management and technical positions have the measure of experience as well as the demonstrated capability needed to effectively manage these types of programs. In addition, persons exercising control over the maintenance and operations programs must have that level of qualification and experience that will allow these persons to carry out their duties and responsibilities with the degree of expertise consistent with the certificate holder’s responsibility to operate with the highest possible degree of safety.
6)          The deviation request element of the regulations is intended to provide the certificate holder a measure of flexibility in order to allow employment of persons who may not possess the exact type or level of experience outlined in the regulations but who have other experience that is found to be comparable. Further, the deviation request procedure is not intended to accommodate individuals who do not possess the length of experience required by the regulations.

D.      Management Deviation Request. When a certificate holder requests a management experience deviation, or management positions or numbers of positions other than the requirements of §§ 119.65 through 119.71, it must make such requests through its certificate-holding district office (CHDO). The request must adhere to the following processes and procedures and contain a minimum of the information shown in subparagraph D1) below for evaluation:

1)          Management Deviation Request Contents.
a)          Full certificate name including doing business as (DBA) of the requesting entity (e.g., ABC Airlines, Inc. DBA XYZ Air);
b)          Complete address and certificate number of certificate holder;
c)          Full name and airman certificate number of the management applicant;
d)          Number of aircraft by category, class, and type;
e)          Number of employees/pilots/other crewmembers;
f)              Areas and kinds of operations (e.g., Continental United States (CONUS), domestic) authorized;
g)          Statement of operations authorized (e.g., single PIC, basic part 135 on-demand only, part 121);
h)          Any other management deviations held by the certificate holder;
i)              Statement of why the certificate holder requires a management deviation, management position(s) involved, and what comparable experience the individual has that would justify the management deviation; and
j)              A resume for the individual that specifically outlines their work experiences and duration of each work experience to include, if appropriate, PIC, certified mechanic, and/or management experience for the kind of operations conducted.

Note:            The information contained in the resume must be verified by the principal operations inspector (POI) or principal maintenance inspector (PMI), as appropriate.

2)          Evaluating Management Experience Deviation Requests (Part 119).
a)          Lack of Airmen Certificates. The regulations do not permit the issuance of an airman certificate requirement deviation for individuals who do not hold the required airmen certificates or ratings. However, they may apply for an exemption under 14 CFR part 11.
b)          DOS Position. Each certificate holder that conducts operations under part 121 must have a DOS. This person is responsible for keeping the certificate holder’s highest management officials fully informed about the safety status of the company. An independent, full-time position is required. However, in a small part 121 operation, the DOS functions may be an additional function of a current manager. Any request for a management deviation involving a DOS position must be approved by the Air Transportation Division (AFS-200).

Note:            Requests for one individual to fill this position for more than one certificate holder concurrently will not be considered.

c)          Comparable Experience. A management position experience deviation may be issued for individuals who lack the precise experience requirements (specified in §§ 119.67 and/or 119.71) if acceptable comparable experience is presented and accepted by the Administrator.

1.          DO/Chief Pilot Positions. Experience in any position where the normal duties and responsibilities included management/supervisory oversight and/or control of the development upkeep and the performance of one or more elements of an operator’s operational control system may be considered as comparable experience. Management positions, wherein the applicant exercised management decisionmaking processes, may be considered as comparable experience (e.g., assistant DO, assistant chief pilot, general manager). Experience involving operational control may also be acceptable (e.g., supervisory aircraft dispatcher, supervisory flight follower).

2.          Comparable Experience. For certificate holders with only a single PIC or a basic part 135 operation, the following examples may be considered as comparable experience:

·              Experience as a PIC conducting the same kinds of operations that the applicant would be responsible for managing;

·              Experience as a manager of a corporate flight department with operations similar to an air carrier;

·              Experience in a military PIC position with responsibilities and experience comparable to a civil aircraft operation PIC; or

·              Experience in a management position with responsibilities for safely transporting passengers and/or military executive charter.

3.          Unacceptable Experience. All acceptable, comparable experiences added together must equal the required 3 years. However, experience as a military fighter pilot flying in combat scenarios, a flight instructor, a crop duster, or a helicopter external load operator, would not be considered comparable experience. A college education or educational experience in aviation or writing manuals does not substitute for actual work experience.

Table 3-6.               Example for a Chief Pilot Deviation

POSITION/TITLE

LENGTH OF EMPLOYMENT

COMPARABLE EXPERIENCE

Part 135 PIC

24 months

Acceptable (24 months)

Assistant Chief Pilot

13 months

Acceptable (13 months)

Flight/Ground Instructor

26 months

Unacceptable (0 months)

 

Total: 37 months

4.          Months of Experience. In the example, the applicant would be approved. The applicant had 24 months of actual experience required by the regulation combined with 13 months of comparable experience for a total of 37 months (36 months required). The 26 months as a flight instructor is not comparable experience.

5.          DOM Positions. Experience in any position where the normal duties and responsibilities included management oversight and/or control of the development, upkeep, as well as the performance of one or all of the following elements of an aircraft maintenance or inspection program, including:

·              The maintenance program manual;

·              Responsibility for airworthiness;

·              Maintenance and inspection organization;

·              Performance and approval of maintenance, preventive maintenance, and alterations;

·              Alterations performed by maintenance providers or contractors;

·              Continuing Analysis and Surveillance System (CASS);

·              Maintenance recordkeeping; and

·              Maintenance personnel training.

6.          Chief Inspector Positions. Experience in any position where the normal duties and responsibilities included management oversight and/or control of the development, upkeep, as well as the performance of one or all of the following elements of an aircraft maintenance inspection, quality control (QC), or quality assurance (QA) functions within a maintenance or inspection program, including

·              The inspection program policy and procedures;

·              Responsibility for airworthiness;

·              Inspection organization;

·              QA of the performance and approval of maintenance, preventive maintenance, and alterations;

·              Alterations performed by maintenance providers or contractors;

·              Maintenance recordkeeping; and

·              Inspection personnel training.

7.          Combined Positions. Any certificate holder who requests approval to combine two or more required management positions into one position must ensure that the person who will serve in that position meets the qualifications for, or receives a deviation for, each management position to be combined (e.g., chief pilot and DO), in addition to receiving an approval to combine the management positions. The size, scope, complexity, and work load of the operations that the applicant has been involved with, and will be involved with in the combined management position, must be considered when evaluating this request. Requests to combine the positions of DOM and chief inspector will not be approved.

Note:            Applicants who serve in a combined management position should not be assigned to any additional duties (e.g., check airman, aircraft instructor).

3)          Authority to Approve or Deny Management Requests. Deviation authority in § 119.71(f) extends the accountability for granting or denying deviations from this section to the AFS-200 division manager and the Aircraft Maintenance Division (AFS-300) division manager.
a)          A certificate holder may request a deviation through the assigned principal inspectors (PI). If the CHDO approves the deviation, the endorsement is then forwarded to the regional Flight Standards division (RFSD) for concurrence.
b)          The request to employ a person who does not meet the appropriate airmen experience requirements, managerial experience requirements, or supervisory experience requirements of this section will be reviewed by the AFS-200 or AFS-300 division manager, as appropriate.
c)          If the division manager finds, after consideration is given to the size and scope of the operation, that the person’s qualifications and experience are comparable with the sought after position, a deviation may be granted under § 119.71(f). The Administrator may, at any time, terminate any grant of deviation authority issued under this paragraph.
d)          AFS-200 and/or AFS-300, as appropriate, will return the package to the RFSD. AFS-200 and/or AFS-300 will reply in writing to the CHDO through the RFSD with a statement of approval or denial of the request. AFS-200 and/or AFS-300 will not take action on requests received directly from certificate holders or CHDOs without CHDO manager and RFSD manager recommendations.

E.        Program Tracking and Reporting Subsystem (PTRS) Input. Enter activity code 1381 or 3381, as appropriate, and enter “119DEV” in the “National Use” field. POIs/PMIs should record comments of interaction with the operators in the “Comments” section.

OPSPEC/MSPEC A007, OTHER DESIGNATED PERSONS.

A.        Template A007. In the automated Operations Safety System (OPSS), Template A007 is used for identifying each operator’s agent for service, persons designated to apply for and receive applicable authorizations, persons designated to receive Safety Alerts for Operators (SAFO) and/or Information for Operators (InFO), and other designated persons. Each Template A007 is labeled specific to the OPSS 14 CFR database:

1)          Title 14 CFR parts 121, 125, 133, 135, and 145 databases: Template A007 is labeled an operations specification (OpSpec).
2)          Title 14 CFR parts 141 and 142 databases: Template A007 is labeled a training specification (TSpec).
3)          Title 14 CFR part 91 subpart K (part 91K) database: Template A007 is labeled a management specification (MSpec).
4)          Part 91 subpart J and part 125 subpart M databases: Template A007 is labeled a letter of authorization (LOA).
5)          Title 14 CFR part 137 and other databases also have A007 templates to identify designated persons.

B.        Agent for Service. An agent for service is a person or company designated by the operator upon whom all legal notices, processes and orders, decisions, and requirements of the Department of Transportation (DOT), FAA, and National Transportation Safety Board (NTSB) shall be served. Once any of these documents has been served upon the operator’s agent for service, the certificate holder cannot claim (legally) that it did not receive the documents. Title 49 of the United States Code (49 U.S.C) § 46103 requires air carriers to designate an agent for service. The name, title, and address of the agent for service must be obtained from the operator and correctly entered into the OPSS Certificate Holder’s Personnel tab. This information will load into the A007 template.

C.        Persons Designated to Apply for and Receive OpSpecs/TSpecs/MSpecs/LOAs. Names and titles of persons designated by the operator as authorized to apply for and receive OpSpecs/TSpecs/MSpecs/LOAs must be entered in Template A007. The “Parts” of the operator’s authorizations for which the designated person is responsible must also be entered. Principal inspectors (PI) may determine that it is appropriate to have signatures of these designated persons recorded in this subparagraph.

D.      Persons Designated to Receive SAFOs and/or InFOs. All A007 templates (with the exception of part 141 and 142 training centers will not have a person designated to receive SAFOs or InFOs in Template A007. Part 145 repair stations will have a person designated to receive InFOs in Template A007. A reply message signifying receipt of the SAFO/InFO information by a designated person is not required. (Refer to the current editions of FAA Orders 8000.87, Safety Alerts for Operators, and 8000.91, Information for Operators (INFO).)

Note:            If an operator does not have an email address, a facsimile number may be entered in the email address block.

1)          A SAFO contains important safety information, often of an urgent nature, and may include recommended action. SAFO content is valuable to air carriers and other air operators in meeting their statutory duty to provide service with the highest possible degree of safety in the public interest.
2)          Much like a SAFO, which contains critical safety information, an InFO contains valuable information for operators that should help them meet administrative requirements or certain regulatory requirements with relatively low urgency or impact on safety.
3)          Government and industry have agreed on the importance of having a prompt, reliable delivery system for SAFOs and InFOs and taking advantage of email and postings at FAA public Web sites. Accordingly, they have ratified that a recipient of SAFOs and InFOs must be identified in Template A007 so that the FAA may notify an operator of a new SAFO or InFO and recommended action to be taken by the respective operators identified in each SAFO/InFO.

E.        Part 91K. Part 91K fractional ownership operations must identify the specific persons in MSpec A007 as follows:

1)          Agent for service for the program manager.
2)          Personnel designated to apply for and receive management specifications for the program manager.
3)          Point(s) of contact (POC) and required positions for those authorized a Continuous Airworthiness Maintenance Program (CAMP).
4)          Voluntary Disclosure Program Personnel for part 91K only. Reference Advisory Circular (AC) 00-58, Voluntary Disclosure Reporting Program, current edition, and Volume 11, Chapter 1, Section 1.
5)          Personnel designated to receive SAFOs/InFOs for the program manager.

F.          Part 145 Repair Stations. List the authorized person(s) by name, title, and the paragraph of the OpSpec he/she is authorized to sign.

Note:            Individuals’ titles listed in Template A007 should match the title in the Enhanced Vital Information Database (eVID).

OPSPEC A008, OPERATIONAL CONTROL; MSPEC A008, FLIGHT MANAGEMENT.

A.        General. Each 14 CFR part 121 and part 135 operator must have a system and/or procedures for the control of flight movements. The intent of A008 is to promote a mutual understanding between an operator and the FAA concerning the system and/or procedures used by that operator. Volume 3, Chapter 25, Operational Control for Air Carriers details the three basic systems and/or procedures required by parts 121 and 135. The three systems and/or procedures are as follows:

1)          Part 121 domestic and flag operations must have dispatch systems. See Volume 3, Chapter 25, Section 2, Flight Dispatch Systems and Domestic Operating Rules.
2)          Part 121 supplemental operations must have flight following systems when the operator does not have an established dispatch system. See Volume 3, Chapter 25, Section 3, Part 121 Flight Release Systems and Supplemental Operating Rules.
3)          Part 135 operators use flight locating procedures. See Volume 3, Chapter 25, Section 5, Title 14 CFR Part 135 Flight Locating Systems and Operating Rules.
4)          MSpec A008 must describe the flight management used by the program manager to provide program control for flight operations and other procedures and policy instructions regarding program operations. This information may also be notated by reference to the appropriate manual (part 91, § 91.1029). In addition, MSpec A008 requires the program manager to give the location of the current list of fractional aircraft owners (part 91, § 91.1027).

B.        Referencing With Paragraph A008. Describe or reference the system and/or procedures used by an operator in A008. It is preferable to complete A008 with references to an operator’s manual or sections of an operator’s manual which describe the system and/or procedures used by that operator. It is not necessary to control these references by date. Change the references only when a revision to the operator’s manual makes the reference in the OpSpecs incorrect. When an operator’s manual does not adequately describe the system and/or procedures used, a narrative description combined with references may be necessary. Often, it may not be appropriate to use references in this paragraph, (especially with smaller part 135 operators). In these cases narrative description may be necessary. When a narrative description is used, it should be brief but provide sufficient information so that the FAA and the operator have the same understanding about the system and/or procedures used by the operator.

C.        Necessary Information for Description of Systems/Procedures. The description of the systems and/or procedures for controlling flight movement as described in the operator’s manual and referenced in the OpSpecs, or as narratively described in the OpSpecs, should include the following information, as appropriate, to the kind of operation:

·              Methods and procedures for initiating, diverting, and terminating flights;

·              Persons or duty positions authorized to, and responsible for, exercise of operational control;

·              Facilities and location of facilities used by the operator in the exercise of operational control;

·              Communication systems and procedures used by the operator;

·              Special coordination methods and/or procedures used by the operator to assure the aircraft is airworthy; and

·              Emergency notification procedures.

OPSPEC A009, AIRPORT AERONAUTICAL DATA; MSPEC A009, AERONAUTICAL DATA.

A.        General. Part 121, §§ 121.97 and 121.117 require part 121 operators to have an approved system for obtaining, maintaining, and distributing airport aeronautical data. A009 provides the method for approving airport aeronautical data systems for part 121 operators. Title 14 CFR part 91, § 91.103 and 14 CFR part 135 subpart I, § 135.83 require part 135 operators to obtain, maintain, and distribute essentially the same types of airport aeronautical data. Although a part 135 operator is not required to obtain FAA approval of the system used, A009 provides a method of promoting the same understanding between the operator and FAA concerning the system used to comply with the regulations pertinent to airport aeronautical data. Volume 4, Chapter 3, Section 4, Airport Data Acquisition Systems provides direction and guidance concerning airport aeronautical data systems.

B.        Referencing Systems Used for A009. Describe or reference the system approved for part 121 operators or used by part 135 operators in A009. When possible, the paragraph should be completed by referencing pertinent sections of the operator’s manual or other documents which describe the system used by the operator. When the airport aeronautical data system is not described in a manual or another document, a narrative description of the system must be used to complete A009. When a narrative description (or outline) is used, it should be brief but provide sufficient information to describe the system used to obtain, maintain, and distribute required airport aeronautical data.

C.        Description of Aeronautical Data System. The program manager’s description of the aeronautical data system in MSpec A009 should be brief but provide sufficient information describing the system used to obtain, maintain, and distribute required aeronautical data.

OPSPEC/MSPEC A010, AERONAUTICAL WEATHER DATA.

A.        General. OpSpec A010 is intended to promote understanding between the operator and the FAA concerning the system used for obtaining and disseminating required weather data and other aeronautical data. Numerous regulatory requirements in 14 CFR parts 121 and 135 require operators to have or use a system for obtaining and disseminating aeronautical weather data.

·              Part 91 subpart K program managers are expected to maintain an equivalent level of safety as a part 135 certificate holder.

·              Part 121, § 121.97 requires operators who conduct domestic and flag operations to use an FAA-approved system for obtaining, maintaining, and distributing current aeronautical data.

·              Part 121, § 121.101 requires operators who conduct domestic and flag operations to use an FAA-approved system for obtaining forecasts and reports of adverse weather phenomena.

·              Part 121, § 121.117 requires operators who conduct supplemental operations to use an FAA-approved system for obtaining, maintaining, and distributing current aeronautical data.

·              Part 121, § 121.119 requires operators who conduct supplemental operations to use an FAA-approved system for obtaining forecasts and weather reports.

·              Part 125 has no requirement for using an FAA-approved system for weather or aeronautical data.

·              Part 135, § 135.213 requires operators who conduct instrument flight rules (IFR) operations under that part to use the U.S. National Weather Service or a source approved by the Administrator.

B.        Approving Weather Collection and Dissemination System. OpSpec A010 provides the method for approving this adverse weather phenomena collection and dissemination system. Volume 3, Chapter 26, Aviation Weather Information Systems for Air Carriers, provides additional direction and guidance on aeronautical weather data systems.

C.        Approval to Use Enhanced Weather Information Systems. Enhanced Weather Information Systems (EWINS) are approved by OpSpec/MSpec A010. Approval for an operator to use EWINS must be accomplished by referencing the EWINS Policy and Procedures Manual in OpSpec/MSpec A010. The original date of the EWINS manual and the last revision must also be referenced in OpSpec/MSpec A010. See Volume 3, Chapter 26, Section 4, Sources of Weather Information.

D.      Approval for Adverse Weather Phenomena Reporting and Forecasting System. Part 121 operators (domestic and flag operations) who are not approved to use EWINS must obtain approval of an Adverse Weather Phenomena Reporting and Forecasting System. For these operators, OpSpec/MSpec A010 must be completed as follows:

1)          Reference sections of the operator’s manual or other documents that describe the operator’s Adverse Weather Phenomena Reporting and Forecasting System. If such manual sections or other documents do not clearly describe the Adverse Weather Phenomena Reporting and Forecasting System, a narrative description (combined with references where available) of the approved system must be added to OpSpec/MSpec A010. See Volume 3, Chapter 26, Section 3, Parts 121/135 Weather Information Systems, paragraphs 3-2096 and 3-2097.
2)          Reference or describe the methods used for obtaining and disseminating other types of weather data (not related to the approved Adverse Weather Phenomena Reporting and Forecasting System) in OpSpec/MSpec A010.

E.        Requirement to Use Qualified Internet Communications Provider. For Internet communications of aviation weather and Notices to Airmen (NOTAM) used in flight operations, all part 121 and 135 operators are required to use an approved Qualified Internet Communications Provider (QICP).

1)          List the QICPs used by the operator in OpSpec/MSpec A010 subparagraph a, Table 1.
2)          The QICP used must be obtained from the approved list provided by the FAA.
3)          For more detailed information in regard to QICPs, refer to AC 00-62, Internet Communications of Aviation Weather and NOTAMs, and Volume 3, Chapter 26, Aviation Weather Information Systems for Air Carriers.

OPSPEC/MSPEC A011, APPROVED CARRY-ON BAGGAGE PROGRAM.

A.        General. Part 121, § 121.589 requires part 121 operators to have an approved carry-on baggage program. This regulation also requires FAA approval to be in the operator’s OpSpecs. When the FAA issues OpSpec/MSpec A011, the operator is authorized to either allow passengers to stow carry on bags in the aircraft cabin or restrict the items brought inside the aircraft cabin to passenger personal items. Operators that do not allow carry-on bags in the cabin of the aircraft are considered to have a no-carry-on baggage program. Advisory Circular (AC) 120-27, Aircraft Weight and Balance Control, current edition, provides further details regarding the definitions of carry-on baggage and personal items. OpSpec/MSpec A011 must describe or reference the carry-on baggage program or the no-carry-on baggage program. It is permissible for OpSpec/MSpec A011 to reference a separate carry-on baggage document developed by the operator that describes the program. However, the operator may elect to implement the carry-on baggage program by describing the requirements of the program in various sections of its manuals, such as the passenger services manual and the flight attendant manual. In this case, template A011 should reference specific sections of the pertinent manuals. Reference to the approved program in the template must be controlled by revision number and/or date, as appropriate. When an operator’s manual or separate carry-on baggage document does not adequately describe the approved carry-on baggage program, a combination of references and narrative description may be necessary. The description of the approved carry-on baggage program must address the items discussed in the current editions of AC 121-29, Carry-On Baggage, and AC 120-27. Additionally, one or more of templates A096, A097, A098, and/or A099 must be issued to track the approved carry on bag/personal item actual or average weights.

B.        Accounting for Carry-On Baggage Weight. Parts 91, 91 subpart K, and 135 operators requesting authorization to use average or segmented passenger weights that meet the requirements specified in AC 120-27, current edition, must either have a letter of authorization or been issued OpSpec/MSpec A011 to account for the actual or average weights used to account for carry-on baggage. Additionally, one or more of OpSpecs/MSpecs A096, A097, A098, and/or A099 must be issued to track the approved carry-on bag/personal item actual or average weights.

C.        No Carry-On Baggage Program. Operators of small- and medium-cabin aircraft, as referenced in AC 120-27, current edition, may elect to only allow personal items onboard the aircraft. Operators with no-carry-on baggage programs must have procedures in place that ensure carry-on bags are either checked at the ticket counter, the gate, or plane side. Training programs should include the recognition of carry-on bags and procedures for removing such bags if they are inadvertently brought onboard the aircraft.

OPSPEC A012, PART 121 DOMESTIC OPERATIONS TO CERTAIN AIRPORTS OUTSIDE THE 48 CONTIGUOUS UNITED STATES AND ALASKA.

A.        General. Title 14 CFR part 119, § 119.3(2)(iv), definition of “domestic operation,” gives the Administrator the authority to allow a 14 CFR part 121 certificate holder with flag authority to conduct operations to and from specific airports outside the 48 contiguous United States and Alaska, in accordance with the rules applicable to domestic operations instead of the rules applicable to flag operations. Operations specification (OpSpec) paragraph A012 is the method that the Administrator uses to grant this authorization.

B.        Applicability. A012 is an optional OpSpec paragraph that is applicable to part 121 certificate holders who hold economic authority and are authorized in OpSpec paragraph A001 to conduct domestic and flag operations.

C.        Conditions and Limitations. The following are some of the key conditions and limitations that must be met in order for certificate holders to operate under the authority granted by OpSpec paragraph A012:

1)          The origin and destination airports must be listed in the certificate holder’s OpSpec paragraph C070 as a regular, provisional, or refueling airport. Although some certificate holders list alternate airports in their C070, part 121, § 121.631(a) specifically states, “A certificate holder may specify any regular, provisional, or refueling airport, authorized for the type of aircraft, as a destination for the purpose of original dispatch or release.”
2)          Destination airports outside of the contiguous United States that are not located in the state of Alaska must be within 950 nautical miles (NM) from the territorial limits of the 48 contiguous United States.
3)          An alternate airport for the destination must be listed in the dispatch release:
a)          If the flight is scheduled for more than 6 hours, regardless of the destination.
b)          For flights conducted to Alaska if the destination airport does not have more than one separate suitable runway authorized for the type of aircraft to be used.
4)          Certificate holders must comply with all regulations applicable to domestic operations when conducting operations in accordance with OpSpec paragraph A012.

Note:            Principal operations inspectors (POI) must ensure that certificate holders fully understand the provision in subparagraph C4), particularly when it comes to fuel planning. There are several OpSpecs paragraphs, such as B043, B044, and B343, which apply only to flag and supplemental fuel reserves. A certificate holder operating flights in accordance with the provisions of OpSpec A012 cannot apply any regulations or OpSpec paragraphs applicable to flag or supplemental operations. In other words, OpSpec A012 cannot be combined with OpSpecs such as B043, B044, and B343.

Note:            Please review the actual OpSpec paragraph A012 template in the Web-based Operations Safety System (WebOPSS) to view the full authorization contained in the OpSpec, along with all of the conditions and limitations listed therein.

D.      Policies and Procedures. Certificate holders who are seeking approval for OpSpec A012 must have adequate policies, procedures, and training in place for dispatchers and flightcrew members to ensure that flights are scheduled, planned, and released in accordance with all of the limitations and provisions of OpSpec A012.

E.        If Conditions Cannot Be Met. If all of the limitations and provisions contained in OpSpec paragraph A012 cannot be met, the certificate holder is prohibited from conducting operations in accordance with its use and must conduct operations in accordance with flag rules.

OPSPEC/MSPEC A013, OPERATIONS WITHOUT CERTAIN EMERGENCY EQUIPMENT.

A.        General. Use OpSpec/MSpecs A013 and A005 to approve deviations from the requirements for certain emergency equipment for extended over water operations for turbojet-powered airplanes.

1)          Authorization for issuance requires the concurrence of the principal operations inspector (POI), the appropriate region, and the Air Transportation Division, AFS-200.
2)          Approval is indicated by listing in OpSpec/MSpec A013 the make and model of the aircraft and the routes and/or areas to which the deviation applies.

B.        Applicability of OpSpec/MSpec A013 and Associated Deviations.

1)          Part 91 subpart K fractional ownership program managers may apply for a deviation from part 91, § 91.509 to permit extended over water operations without carrying certain emergency ditching equipment.
2)          Part 121 certificate holders may apply for a deviation from part 121, § 121.339 to permit extended over water operations without carrying certain emergency ditching equipment.
3)          Part 135 certificate holders may apply for a deviation from part 135, § 135.167 to permit extended over water operations without carrying certain emergency ditching equipment.

C.        Granting Deviations. If the FAA grants a deviation and issues OpSpec/MSpec A013:

1)          Part 91K, fractional ownership program managers must list part 91, §§ 91.509(b)(2), (3), (4), and (5) in MSpec paragraph A005 with the reference to A013.
2)          Part 121 certificate holders must list part 121, § 121.339(a)(2), (3), and (4) in OpSpec A005 with the reference to OpSpec A013.
3)          Part 135 certificate holders must list part 135, § 135.167(a)(2) in OpSpec A005 with the reference to A013.

D.      Life Preserver Deviation. It is FAA policy that deviations from the requirement to carry life preservers (§§ 121.339(a)(1), 135.167 (a)(1), or 91.509(b)(1), as applicable) will not be approved.

E.        Deviations From Carrying Liferafts. Deviations from the requirements for carrying liferafts and the liferaft’s required attached equipment may be approved. There is no individual deviation provision or requirement for a deviation for the following required items:

·              Survival kits (§§ 91.509(e), 121.339(c), and, 135.167(c), as applicable);

·              Pyrotechnic signaling devices (§§ 91.509(b)(3), 121.339(a)(3), and 135.167(b), as applicable); and

·              Emergency locator transmitters (§§ 91.509(b)(3), 121.339(a)(4), and 135.167(b), as applicable).

F.          Permitted Areas of Operation. The area(s) of operation permitted is any offshore area adjoining the 48 contiguous states of the United States, the Gulf of Mexico, and the Caribbean Islands, as follows:

1)          The south and east coasts of the United States, below 35 degrees North latitude, the Gulf of Mexico, and the Caribbean Islands, not to exceed 30 minutes’ flying time in still air with one-engine inoperative, or 162 nautical miles (NM) from the nearest shoreline, whichever is less.
2)          The east coast of the United States, 35 degrees North latitude and above, not to exceed 30 minutes’ flying time in still air with 1 engine inoperative or 100 NM from the nearest shoreline, whichever is less.
3)          The west coast of the United States, not to exceed 30 minutes’ flying time in still air with one-engine inoperative or 100 NM from the nearest shoreline, whichever is less.

G.      Requirements for Supporting Documentation for Deviation Request. The operator must submit an application with supporting documentation for the deviation request with at least the following information about the conditions that must be met for the approval:

1)          Aircraft operational capabilities for diversion due to an engine failure. This information must include drift down profiles, engine out cruise performance for two- and three-engine aircraft, and two-engine cruise performance for four-engine aircraft.
2)          A graphical presentation of the areas and routes of en route operation and/or routes over which provisions of the deviation will apply, including proposed minimum en route altitudes and airports which could be used if diversion is necessary. The A013 authorization contains a limitation that in flight operations must not exceed the distance allowed under subparagraph F, as applicable, from a shoreline at any time. An