10/27/17

 

8900.1 CHG 558

VOLUME 2  AIR OPERATOR AND AIR AGENCY CERTIFICATION AND APPLICATION PROCESS

CHAPTER 6  TITLE 14 CFR PART 125 CERTIFICATION AND OPERATING RULES

Section 3  Evaluate an Application for Deviation Authority Under Part 125

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2-711    PROGRAM TRACKING AND REPORTING SUBSYSTEM (PTRS) ACTIVITY CODES. Use codes 1328, 3319, and 5319 for the following.

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A.    Title 14 of the Code of Federal Regulations (14 CFR) Parts 119 and 125. Granting a Letter of Deviation Authority (LODA) authorizing deviation from part 119, § 119.23 and part 125, § 125.5, the requirement to hold a certificate and operations specifications (OpSpecs) identified in the Web-based Operations Safety System (WebOPSS) as an A125 LODA holder/operator, and uses the set of letters of authorization (LOA) grouped under “125M” in WebOPSS to issue LOAs.

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

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

D.    Parachute, Museum, Airplane Manufacturer or Leasing Operations, Leasing‑Company‑Specific LODA. Granting LODAs authorizing parachute, museum, airplane manufacturer, or leasing company operations, and leasing-company-specific operations.

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

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

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

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C.    LODA SFA.

D.    Parachute, Museum, Airplane Manufacturer or Leasing Operations, and Leasing‑Company‑Specific Operations. A LODA authorizing parachute, museum, airplane manufacturer or leasing company operations, and leasing-company-specific operations.

NOTE:  Deviations, including the A125 LODA and LODA SFAs, will be approved or denied by the principal inspector (PI) and, if approved, issued through WebOPSS. Deviation requests for parachute, museum, airplane manufacturer or leasing company operations, and leasing‑company‑specific operations require General Aviation and Commercial Division (AFS‑800) authorization before issuance and, once authorized, will be issued by the Flight Standards office to the operator in letter format.

2-713    DEFINITIONS.

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

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B.    A125 Letter of Deviation Authority (LODA) Holder. An A125 LODA holder is a person/operator who is issued a LODA from §§ 119.23 and 125.5 (the requirement to hold an operating certificate and OpSpecs) and is identified in WebOPSS (under 125M) as an A125 LODA holder/operator.

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

D.    LODA Special Flight Authorization (LODA SFA). A Flight Standards office normally issues a LODA in cases where frequent operations of a specific nature occur over a protracted period of time. However, there may be situations such as ferry flights, sales demonstration flights, and training flights where the 60-day requirement may not be feasible. For these situations, a Flight Standards office may issue a LODA SFA on a case-by-case basis for specific flights. A LODA SFA is a LODA authorizing an operator to accomplish short-term operations (normally a maximum of 30 days) in accordance with 14 CFR part 91, and can be issued for the following:

1)    Sales demonstration flights when the operator is not certificated under part 119 or the holder of an A125 LODA.
2)    Ferry flights when the operator is not certificated under part 119 or the holder of an A125 LODA.
3)    Training flights conducted for certification under 14 CFR parts 61 and 63, associated with certification under part 119, or an applicant for an A125 LODA.
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NOTE:  A LODA SFA issued to an airplane that meets part 125 applicability has no connection to an SFA issued under part 91, § 91.715 and in accordance with FAA Order 8130.2, Airworthiness Certification of Aircraft.

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E.    Standard Intentional Parachute Operations, Airplane Museum Operations, Airplane Manufacturer or Leasing Company Operations, and Leasing-Company-Specific Operations LODAs. AFS‑800 has considered the operational uniqueness of these operations and has determined that such operations, conducted by airplanes with a seating configuration of 20 or more passengers, or a maximum payload capacity of 6,000 pounds or more, should be authorized a deviation from § 125.1 applicability and allowed to conduct all operations in accordance with part 91. AFS-800 has developed Standard Parachute, Museum, Airplane Manufacturer or Leasing Company, and Leasing-Company-Specific LODAs. See Figures 2-33 through 2-34B for samples of these LODAs.

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F.    Special Flight Permit (SFP). SFPs are issued to the operator of an airplane that may not currently meet the applicable airworthiness requirements but is capable of safe flight (refer to 14 CFR part 21, §§ 21.197 and 21.199).

NOTE:  The rules of part 125 do not apply to the operations of airplanes issued an SFP (refer to § 125.1).

2-714    DEVIATION APPLICATION PROCESSES.

A.    A125 LODA. A request for an A125 LODA (see paragraph 2-715).

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

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C.    LODA SFA. A request for a LODA SFA (see paragraph 2-717).

D.    Standard Parachute, Museum, Airplane Manufacturer or Leasing Company, or Leasing‑Company‑Specific Operations LODAs. A request for the Standard Parachute Operations, Airplane Museum Operations, Airplane Manufacturer or Leasing Company, or Leasing-Company-Specific LODAs (see paragraph 2-718).

2-715    A125 LODA APPLICATION AND ISSUANCE PROCESS.

A.    Background.

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

B.    Eligibility.

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

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

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

2)    The A125 LODA may also be issued when the operator conducts compensation operations not involving common carriage as long as such compensation operations are only in accordance with the following:
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a)    Ferry or training flights.
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b)    Aerial work operations, such as aerial photography or survey, or pipeline patrol, but not including firefighting operations.
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c)    Flights for the demonstration of an airplane to prospective customers when no charge is made, except for those specified in subparagraph 2-715D, Expenses, below.
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d)    Flights conducted by the operator of an airplane for his or her personal transportation, or the transportation of his or her guests when no charge, assessment, or fee is made for the transportation.
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e)    The carriage of officials, employees, guests, and property of a company on an airplane operated by that company, or the parent or a subsidiary of the company (or a subsidiary of the parent), when the carriage is within the scope of, and incidental to, the business of the company (other than transportation by air) and no charge, assessment, or fee is made for the carriage in excess of the cost of owning, operating, and maintaining the airplane. The exception is that no charge of any kind may be made for the carriage of a guest of a company, when the carriage is not within the scope of, and incidental to, the business of that company.
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f)    The carriage of company officials, employees, and guests of the company on an airplane operated under a time-sharing, interchange, or joint ownership agreement, as specified in subparagraph 2-715C, Category, below.
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g)    The carriage of property (other than mail) on an airplane operated by a person in the furtherance of a business or employment (other than transportation by air) when the carriage is within the scope of, and incidental to, that business or employment and no charge, assessment, or fee is made for the carriage other than those specified in subparagraph 2-715D.
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h)    The carriage on an airplane of an athletic team, sports group, choral group, or similar group having a common purpose or objective when there is no charge, assessment, or fee of any kind made by any person for that carriage.
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i)    The carriage of persons on an airplane operated by a person in the furtherance of a business other than transportation by air for the purpose of selling them land, goods, or property (including franchises or distributorships), when the carriage is within the scope of, and incidental to, that business and no charge, assessment, or fee is made for that carriage.

C.    Category.

1)    Time-Sharing Agreement. An arrangement whereby a person leases his or her airplane with flightcrew to another person, and no charge is made for the flights conducted under that arrangement other than those specified in subparagraph 2-715D.
2)    Interchange Agreement. An arrangement whereby a person leases his or her airplane to another person in exchange for equal time, when needed, on the other person’s airplane; and no charge, assessment, or fee is made, except that a charge may be made not to exceed the difference between the cost of owning, operating, and maintaining the two airplanes.
3)    Joint Ownership Agreement. An arrangement whereby one of the registered joint owners of an airplane employs and furnishes the flightcrew for that airplane and each of the registered joint owners pays a share of the charge specified in the agreement.

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

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

E.    Authority.

1)    An A125 LODA (see Figure 2-31, Sample LODA A125) is the authority to deviate from §§ 119.23(a)(3) and 125.5 (the requirement to hold a certificate and OpSpecs) when conducting noncommercial operations. This deviation authority is granted in accordance with § 125.3.
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2)    The A125 LODA holder/operator must comply with all other sections of part 125 with the exception of § 125.5.
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3)    For the purpose of this A125 LODA, any reference in part 125 to the certificate holder (except for § 125.5) should be interpreted to mean the A125 LODA holder/operator; any reference in part 125 to OpSpecs (except for § 125.5) should be interpreted to mean LOAs.
4)    The A125 LODA holder/operator will require LOAs for operations such as Reduced Vertical Separation Minimums (RVSM), North Atlantic High Level Airspace (NAT HLA), or any other item that the Administrator determines is necessary to cover a particular situation (refer to § 125.31).

F.    Applying for the A125 LODA.

1)    An applicant seeking an A125 LODA must submit a letter requesting the A125 LODA at least 60 days prior to the date the applicant plans to begin operations (refer to § 125.3(c)).
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2)    The written request must contain a complete statement of the circumstances and justification for the deviation requested. It must also declare that no operations conducted with the airplane listed in the request will be used for compensation or hire. If any compensation is involved and such operations meet every element of one or more of the examples (see subparagraph 2-715B, Eligibility (specifically subparagraph 2-715B2))), then the PI may issue the A125 LODA allowing the operator to conduct flight operations without a part 125 certificate or OpSpecs.
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3)    The PI must ensure the eligibility of the applicant in accordance with subparagraph 2-715B.
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4)    The Flight Standards office will scrutinize each operator and the circumstances of the proposed operation to determine if granting the A125 LODA is appropriate. Because of the 60-day limitation for formal action on the request, assessing the application for the A125 LODA requires prompt action when the Flight Standards office receives the request.
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5)    If the applicant is eligible for the A125 LODA, they should present a written plan (see Figure 2-32, Sample Letter of Compliance) to the Flight Standards office. The plan should outline how they will comply with the requirements of each section of part 125 as listed in the LODA (Figure 2-31). The plan must also include practices and procedures that will meet the equivalent level of safety for those additional specified sections of part 125 for which a deviation is requested.
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6)    Oversight will be accomplished by the appropriate Flight Standards office. The appropriate Flight Standards office will be responsible for all matters relating to the A125 LODA application and administration.
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G.    Administrating the A125 LODA in WebOPSS.

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1)    Issuance of the A125 LODA (A125 template) authorizing the operator to deviate from §§ 119.23(a)(3) and 125.5 (the requirement to hold a certificate and OpSpecs) is available under 125M and will be issued from WebOPSS.
2)    The A125 LODA (A125 template) requires other accompanying LOAs. The following is a list of must-issue LOAs:

    A001, Issuance and Applicability;

    A002, Definitions and Abbreviations;

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    A003, Airplane Authorization;

    A004, Summary Authorizations;

    A005, Exemptions and Deviations;

    A006, Management Personnel;

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    A007, Designated Persons;

    A008, Flight Release Authority;

    A009, Airport Aeronautical Data;

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    A010, Aviation Weather Information;

    A031, Flight Crewmember Requirements;

    A125, Letter of Deviation Authority (LODA);

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    A447, Emergency Airworthiness Directive (AD) Notification;

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

    C052, Straight-in Category I Approach and Landing Minima;

    C056, IFR Takeoff Minimums, Part 125 Airplane Operations – All Airports;

    D073, Approved Aircraft Inspection Program (AAIP);

    D085, Airplane Listing;

    D088, Airplane Engine Maintenance/Overhaul Program;

    D095, Minimum Equipment List (MEL); and

    E096, Airplane Weighing.

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3)    Optional LOAs for special areas of operations are available to be issued from WebOPSS. For example, use LOA B034 for issuing Precision Area Navigation (P-RNAV) authorizations for European airspace; B036 for Required Navigation Performance (RNP 10) (Pacific RNP 10 operations); B039 for NAT HLA; B046 for RVSM; C059/C060, respectively, for Category (CAT) II/III, and so forth. The guidance for issuing these operations is in Volume 3, Chapter 18 and Volume 4, Chapter 1.

H.    Issuing FAA Management Information System (FAAMIS) Designators. If your A125 LODA operator does not have or needs a part 125 designator, follow the standard guidance in Volume 2, Chapter 1, Section 3 for obtaining, from the Aviation Data Systems Branch (AFS-620), the Enhanced Vital Information Database (eVID) designator number with the fourth character as “M.” This designator number is created by AFS‑620 in the FAAMIS and is automatically replicated over to eVID and WebOPSS for the PI’s use when issuing the A125 LODA authorization.

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

A.    Request for Deviation.

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1)    A list of standard deviations can be found in the Maintain Operator Data—Deviations area of WebOPSS. These standard deviations have been authorized by the Commercial Operations Branch (AFS-820) and can be approved at the Flight Standards office level.
2)    Requests for deviations not listed in WebOPSS must be forwarded to AFS-820 along with the justification and any supporting documents. AFS-820 will either authorize or not authorize the request. If AFS‑820 authorizes the deviation sought, the deviation will be entered into the WebOPSS Deviations list and will become an authorized selectable deviation.
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3)    If the request for deviation is not authorized, AFS-820 will notify the Flight Standards office.
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B.    Authorizing Deviations. A certificate holder or an A125 LODA holder/operator must apply for a deviation. The requestor must submit a specific request to its Flight Standards office.

1)    The requestor must identify, in writing, the specific regulatory section(s) from which a deviation is requested. An entity seeking deviation authority from one or several sections of part 125 must file the request at least 60 days before the date of intended operations. The requestor may not deviate from Federal regulations until the authority is granted and the deviation is issued through WebOPSS.
2)    The letter and any attachments must contain the specific reasons for the deviation request, information to show that an equivalent level of safety will be maintained, and any other information the FAA may require.
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3)    If the PI determines that an equivalent level of safety will be maintained, then he or she may authorize the deviation by selecting the deviation from the list of authorized deviations in the WebOPSS Maintain Operator Data—Deviations area.

2-717    REQUEST FOR A LODA SFA.

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

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1)    Section 125.3 provides the authority for the LODA SFA.
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2)    A LODA SFA is conducted in accordance with part 91 rules. The maximum duration of a LODA SFA is normally 30 days.
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B.    Written Request. The operator must request the LODA SFA in writing, specifically outlining enough information for the inspector to be able to evaluate the proposed operation. The requester must submit a specific request to the responsible Flight Standards office and request the following:

1)    A statement asserting that the operation is not for compensation or hire;
2)    The proposed type of operation;
3)    The length of the proposed operation, to include a start and stop date; and
4)    The airplane make/model and registration/serial number.
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C.    LODA SFA. The responsible Flight Standards office issues a LODA SFA through WebOPSS when a particular operation is infrequent and involves a defined short period. The limitations on the operation vary depending on the type of operation. These limitations are detailed in each of the sample LODA SFAs in this section (the sample LODA SFAs provided represent the 125M WebOPSS database). Operations in this category can include:

1)    Sales demonstration flights when the operator is not certificated under part 119 or the holder of an A125 LODA;
2)    Ferry flights when the operator is not certificated under part 119 or the holder of an A125 LODA; and
3)    Training flights conducted for certification under parts 61 and 63, associated with certification under part 119, or an applicant for an A125 LODA.
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NOTE:  LODA SFAs issued to noncertificated operators are issued 91J authorization documents from WebOPSS.

D.    Issuance of the LODA SFA from WebOPSS. A LODA SFA is used, when required, to meet the needs of 14 CFR parts 121 and 125 operations. Therefore, LODA SFA templates are available for parts 91, 121, and 125 operators and A125 LODA holders. Depending on the proposed operation, choose the LODA SFA needed (A510 for ferry flights, A511 for sales demonstration flights, or A512 for training flights).

1)    Each LODA SFA will have an accompanying deviation authority which must be authorized in the operator’s OpSpec/LOA A005 (as shown in Table 2-9, LODA SFA Deviation Authorities for Authorization in OpSpec/LOA A005).

Table 2-9.  LODA SFA Deviation Authorities for Authorization in OpSpec/LOA A005

Deviation Authority

Deviation From

Description

Associated LODA SFA

§ 125.3(a)

§ 125.1(a)

Authorizes a temporary ferry flight LODA SFA only with the issuance of A510.

A510, LODA SFA for Ferry Flights

§ 125.3(a)

§ 125.1(a)

Authorizes a temporary sales demonstration flight LODA SFA only with the issuance of A511.

A511, LODA SFA for Sales Demonstration Flights

§ 125.3(a)

§ 125.1(a)

Authorizes a temporary training flight LODA SFA only with the issuance of A512.

A512, LODA SFA for Training Flights

2)    Issuance of the LODA SFA.
a)    Upon determination of eligibility for the LODA SFA, the PI will issue the LODA SFA through WebOPSS.
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b)    The PI will select the appropriate LODA SFA and complete the requested information regarding the operation to satisfy the requirements and limitations deemed necessary for the respective operation.
c)    The PI will issue the OpSpec/LOA A005 authorizing the appropriate LODA SFA deviation and the LODA SFA and provide a true copy of the LODA SFA to the operator to satisfy the requirements of § 125.7.
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NOTE:  The issuance of other authorizations may be required.

2-718    PROCEDURES FOR PROCESSING THE STANDARD PARACHUTE OPERATIONS, AIRPLANE MUSEUM OPERATIONS, AIRPLANE MANUFACTURER OR LEASING COMPANY OPERATIONS, AND LEASING-COMPANY-SPECIFIC OPERATIONS LODAs.

A.    Application. The operator must apply in writing to the responsible Flight Standards office (in accordance with § 125.3) stating that they are engaged in, or planning to engage in, one of the four operations above and are requesting authorization for a LODA. To qualify for a museum LODA, the museum must be established for the purpose of exhibiting and operating historic airplanes and either hold a determination from the U.S. Internal Revenue Service (IRS) that it is a Title 26 of the Code of Federal Regulations (26 CFR) § 1.501(c)(3)-1 nonprofit, tax-exempt, charitable organization, or be approved by AFS-800.

NOTE:  Normally the appropriate Flight Standards office will issue a LODA. However, an International Flight Standards Office (IFO) or Flight Standards certificate management office (CMO) may issue a LODA if required.

B.    Operation Verification. The PI/Flight Standards office must verify that the operator is engaged in, or is planning to engage in, the operation from which they are seeking LODA relief.

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C.    Compliance Verification. The PI/Flight Standards office must verify that the operator can comply, and is willing to comply with, the conditions and limitations listed in the LODA.

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D.    Written Request. After verification per subparagraphs 2-718B and C, the Flight Standards office should submit a written request to AFS-800 for authorization to issue the LODA sought.

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E.    Completion of Memorandum. Upon receipt of the Flight Standards office’s request, AFS-800 will complete the standard LODA memorandum and issue it to the Flight Standards office.

F.    Issuance. Upon receipt of the memorandum, the Flight Standards office will comply with the instructions of the standard memorandum and issue the standard LODA to the operator.

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NOTE:  A LODA for an airplane manufacturer or leasing company restricts operations to U.S. airspace. A leasing-company-specific LODA does not restrict operations to U.S. airspace.

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Figure 2-31.  Sample LODA A125

U.S. DOT logo

14 CFR Part 125M Operations

U.S. Department

of Transportation

Federal Aviation

Administration

 

Letter of Deviation Authority (LODA)

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

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

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

a.  Kinds of Operations.

(1)  Ferry or training flights;

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

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

(4)  Flights conducted by the operator of an airplane for his personal transportation, or the transportation of his guests when no charge, assessment, or fee is made for the transportation;

(5)  Carriage of officials, employees, guests, and property of a company on an airplane operated by that company, or the parent or a subsidiary of the company or a subsidiary of the parent, when the carriage is within the scope of, and incidental to, the business of the company (other than transportation by air) and no charge, assessment or fee is made for the carriage in excess of the cost of owning, operating, and maintaining the airplane, except that no charge of any kind may be made for the carriage of a guest of a company, when the carriage is not within the scope of, and incidental to, the business of that company;

(6)  The carriage of company officials, employees, and guests of the company on an airplane operated under a time-sharing, interchange, or joint ownership agreement as defined in subparagraph 3c below;

(7)  The carriage of property (other than mail) on an airplane operated by a person in the furtherance of a business or employment (other than transportation by air) when the carriage is within the scope of, and incidental to, that business or employment and no charge, assessment, or fee is made for the carriage other than those specified in subparagraph 3c below;

(8)  The carriage on an airplane of an athletic team, sports group, choral group, or similar group having a common purpose or objective when there is no charge, assessment, or fee of any kind made by any person for that carriage; and

(9)  The carriage of persons on an airplane operated by a person in the furtherance of a business other than transportation by air for the purpose of selling them land, goods, or property, including franchises or distributorships, when the carriage is within the scope of, and incidental to, that business and no charge, assessment, or fee is made for that carriage.

b.  Definitions.

(1)  A time-sharing agreement means an arrangement whereby a person leases his airplane with flightcrew to another person, and no charge is made for the flights conducted under that arrangement other than those specified in subparagraph 3c below.

(2)  An interchange agreement means an arrangement whereby a person leases his airplane to another person in exchange for equal time, when needed, on the other person’s airplane, and no charge, assessment, or fee is made, except that a charge may be made not to exceed the difference between the cost of owning, operating, and maintaining the two airplanes.

(3)  A joint ownership agreement means an arrangement whereby one of the registered joint owners of an airplane employs and furnishes the flightcrew for that airplane and each of the registered joint owners pays a share of the charge specified in the agreement.

c.  Expenses That May be Charged. The following may be charged, as expenses of a specific flight, for transportation:

(1)  Fuel, oil, lubricants, and other additives.

(2)  Travel expenses of the crew, including food, lodging, and ground transportation.

(3)  Hangar and tie-down costs away from the airplane’s base of operation.

(4)  Insurance obtained for the specific flight.

(5)  Landing fees, airport taxes, and similar assessments.

(6)  Customs, foreign permits, and similar fees directly related to the flight.

(7)  In-flight food and beverages.

(8)  Passenger ground transportation.

(9)  Flight planning and weather contract services.

(10)  An additional charge equal to 100 percent of the expenses listed above in subparagraph 3c(1).

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

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

a.  Operate its airplane [Make/Model and Registration Number] authorized in LOA A003, Airplane Authorization, in compliance with §§ 125.91 and 125.93 notwithstanding specific deviations as authorized in LOA A005, Exemptions and Deviations.

b.  Conduct operations in accordance with §§ 125.25, 125.37, 125.39, 125.45, 125.47 (A001, Issuance and Applicability), 125.49, 125.51, and 125.53, of subpart B, notwithstanding specific deviations authorized in LOA A005, Exemptions and Deviations. LOA A007, Designated Persons, must be issued to show compliance or equivalent level of safety to § 125.25.

c.  Comply with the manual requirements of part 125 subpart C, notwithstanding specific deviations authorized in LOA A005, Exemptions and Deviations.

d.  Comply with the airplane requirements of part 125 subpart D, notwithstanding specific deviations authorized in LOA A005, Exemptions and Deviations.

e.  Comply with the special airworthiness requirements of part 125 subpart E, notwithstanding specific deviations authorized in LOA A005, Exemptions and Deviations.

f.  Comply with the instrument and equipment requirements of part 125 subpart F, notwithstanding specific deviations authorized in LOA A005, Exemptions and Deviations.

g.  Comply with the maintenance requirements of part 125 subpart G, notwithstanding specific deviations authorized in LOA A005, Exemptions and Deviations.

h.  Comply with the airmen and flightcrew member requirements of part 125 subparts H and I, and provide initial and/or recurrent training for flightcrew and flight attendant emergency training as authorized in LOA A031, Flight Crewmember Requirements, notwithstanding specific deviations authorized in LOA A005, Exemptions and Deviations.

Indicates new/changed information.

i.  Conduct flight operations in accordance with part 125 subparts J, K, and L, notwithstanding specific deviations authorized in LOA A005, Exemptions and Deviations. These operations shall be described in LOA A008, Flight Release Authority.

j.  Comply with the requirements of part 125 appendices A, B, C, D, and E, notwithstanding specific deviations authorized in LOA A005, Exemptions and Deviations.

k.  Comply with the Special Area of Authorization requirements contained in, but not limited to, LOAs B034, B036, B039, B046, B050, and D098, as applicable, if issued.

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

Indicates new/changed information.

m.  Notify the manager of the Flight Standards office of any material change in the facts stated in your letter of compliance for this LODA and/or any changes in the original authorizations and deviations herein.

Indicates new/changed information.

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

Figure 2-32.  Sample Letter of Compliance

Indicates new/changed information.

This attachment to the formal application letter should address each section of Title 14 of the Code of Federal Regulations (14 CFR) part 125, §§ 125.1 through 125.411, including appendices A through E and the applicable sections of parts 91 and 119, and specify how the operator intends to comply with the requirements of the rule. The following part 125 examples for the fictitious “AnyAir Aviation,” which are not all-inclusive, are representative of how this requirement may be met, but are not intended to imply that another approach would not be equally acceptable.

1.  Subpart A, General.

a.  Section 125.1, Applicability. AnyAir Aviation intends to conduct operations which meet the applicability of this section.

b.  Section 125.3, Deviation Authority. AnyAir Aviation intends to comply with the requirements of part 125 and to request to operate under a Letter of Deviation Authority (LODA).

c.  Section 125.5, Operating Certificate and Operations Specifications Required. AnyAir Aviation understands it may not operate under the requirements and privileges of part 125 until receiving a part 125 LODA.

2.  Subpart B, Certification Rules and Miscellaneous Requirements.

Indicates new/changed information.

a.  Section 125.21, Application for Operating Certificate. AnyAir Aviation has provided the appropriate information to Flight Standards office [number]. We are planning to begin operations under part 125 on [date].

b.  Section 125.23, Rules Applicable to Operations Subject to This Part. AnyAir Aviation will comply with the applicable rules of part 125, and when operating outside the United States, will comply with International Civil Aviation Organization (ICAO) procedures and/or the rules specified by the country concerned and any rules of 14 CFR parts 61, 91, or 125, whichever is more restrictive.

Indicates new/changed information.

c.  Section 125.25, Management Personnel Required. AnyAir Aviation has included this information in Chapter 1, Company Organization, of the manual.

d.  Section 125.27, Issue of Certificate. AnyAir Aviation meets all the requirements of this section and should be issued an LODA under part 125.

e.  Section 125.29, Duration of Certificate. AnyAir Aviation understands that the certificate is effective until surrendered, suspended, or revoked, and is aware of the requirement to return the certificate to the Administrator in the event of an order of suspension or revocation.

f.  Sections 125.31 through 125.35, Not Applicable.

g.  Section 125.41, Availability of Certificate and Operations Specifications. AnyAir Aviation will maintain the original LODA available for inspection at the principal operations base, located at the following address:

AnyAir Aviation, Inc.

1750 Broad Street

Tulsa, OK 57692

Indicates new/changed information.

Note:  All of our airplanes will have a copy of the LODA displayed on board.

h.  Section 125.43, Use of Operations Specifications. Not applicable.

Indicates new/changed information.

i.  Section 125.49, Airport Requirements. AnyAir Aviation airplanes will not attempt operations into any airport unless it is properly equipped and adequate for the proposed operation, considering such items as size, surface, obstructions, facilities, public protection, lighting, navigational and communication aids, and air traffic control (ATC). Our policies regarding the use of airports are contained in Chapter 8, Flight Operation Procedures, of the manual.

j.  Section 125.53, Flight Locating Requirements. The pilot in command (PIC) assigned to an AnyAir Aviation flight will be responsible for operational control of each flight. The PIC will obtain the necessary information for the safe conduct of the flight and file a Federal Aviation Administration (FAA) flight plan with the nearest FAA Flight Service Station (FSS). Procedures to be followed for which an FAA flight plan is not filed are contained in Chapter 5, Preflight Planning and Flight Release Procedures, of the manual.

3.  Subpart C, Manual Requirements.

a.  Section 125.71, Preparation.

(1)  AnyAir Aviation has prepared or acquired the manuals required to conduct operations.

Indicates new/changed information.

(2)  A revision system has been established to maintain these manuals in a current status. We are enclosing a copy of the policy and procedure manual and the Airplane Flight Manual (AFM).

4.  Subpart D, Airplane Requirements.

a.  Section 125.91, Airplane Requirements: General.

(1)  AnyAir Aviation airplanes will, at all times, carry an appropriate and current airworthiness certificate.

(2)  Company flight and ground employees will accomplish the appropriate inspections prior to each flight to ensure that the airplane is in an airworthy condition, and meets the applicable airworthiness requirements set forth in Chapter 6, Procedure for Assuring Airworthiness of Airplane, of the manual.

Indicates new/changed information.

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

5.  Subpart E, Special Airworthiness Requirements.

a.  Section 125.189, Demonstration of Emergency Evacuation Procedures.

Indicates new/changed information.

(1)  AnyAir Aviation has requested relief from the actual demonstration, which requires the evacuation of the full seating capacity, including crewmembers from the Boeing 727 airplane, on the basis of prior demonstrations as a certificate holder under 14 CFR part [number].

Indicates new/changed information.

(2)  Evacuation demonstration from the Douglas DC-9 will be accomplished as required by this section and has been scheduled with the Flight Standards office on [date].

6.  Subpart F, Instrument and Equipment Requirements.

Indicates new/changed information.

a.  Section 125.203, Communication and Navigation Equipment. AnyAir Aviation airplanes will be operated with the equipment specified in this section. Reference: Chapter 3, Minimum Equipment List (MEL), of the manual.

Indicates new/changed information.

b.  Section 125.215, Operating Information Required. AnyAir Aviation will maintain the materials, in current and appropriate form in the airplane, accessible to the pilot while seated at the pilot station. All flightcrew members will be required to use the appropriate checklists for the operations conducted.

Indicates new/changed information.

c.  Section 125.223, Airborne Weather Radar Equipment Requirements. AnyAir Aviation airplanes are equipped with approved airborne weather radar systems. Appropriate information is available in the manual and in the AFM. Reference: MEL (Chapter 3).

7.  Subpart G, Maintenance.

Indicates new/changed information.

a.  Section 125.243, Certificate Holder’s Responsibilities. AnyAir Aviation has contracted all airplane maintenance, including required inspections, to:

Repair Airlines

22 Hilton Road

Tulsa, OK 73156

8.  Subpart H, Airman and Crewmember Requirements.

a.  Section 125.261, Airman: Limitations on Use of Services. Crewmember records will be maintained at the principal operations base. A copy of the Airman Certificate, medical certificate, and the results of all checks or tests will be maintained for each flightcrew member employed by AnyAir Aviation, Inc.

Indicates new/changed information.

b.  Section 125.263, Composition of Flightcrew. AnyAir Aviation airplanes will be operated by the number and type of crewmembers specified in the FAA-approved AFM. All flightcrew members assigned to the Boeing [model] airplane will be expected to be capable of performing emergency flight engineer functions. The PIC is designated on the flight release. Qualified captains will be designated only by the Director of Flight Operations.

c.  Section 125.267, Flight Navigator and Long-Range Navigation Equipment. AnyAir Aviation will comply with the requirements of this section. We are requesting approval of the use of the Very Low Frequency Radio Navigation System (OMEGA) or long-range navigation-C system (LORAN-C) to meet the long-range navigational equipment requirements in lieu of a flight navigator. (See our OpSpecs.)

Indicates new/changed information.

d.  Section 125.271, Emergency and Emergency Evacuation Duties. AnyAir Aviation meets all the requirements of this section by publishing appropriate instructions for all flightcrew members on emergency evacuation duties. Reference: Chapter 10, Emergency Procedures, of the manual.

9.  Subpart I, Flight Crewmember Requirements.

a.  Section 125.281, Pilot-in-Command (PIC) Qualifications. AnyAir Aviation is knowledgeable and will comply with the requirements of this section by checking all of our pilots’ qualifications initially and on a monthly basis.

b.  Section 125.285, Pilot Qualifications: Recent Experience. All AnyAir Aviation pilot flightcrew members meet the recency-of-experience requirements of this section. We have developed a monthly status chart to ensure that our crewmembers continue to meet these requirements.

10.  Subpart J, Flight Operations.

a.  Section 125.311, Flight Crewmembers at Controls. AnyAir Aviation will comply with the requirements of this section. Our policy is shown in Chapter 8 of the manual.

b.  Section 125.329, Minimum Altitudes for Use of Autopilot. AnyAir Aviation understands and will comply with the requirements of this section. The automatic flight control system is described in the FAA-approved AFM. Operational information and limitations are specified, including minimum altitudes for en route and approach.

11.  Subpart K, Flight Release Rules.

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

b.  Section 125.377, Fuel Supply: Turbine-Engine-Powered Airplanes Other Than Turbopropeller. AnyAir Aviation will comply with the requirements of this section as it is written. No exceptions or deviations from these requirements are necessary for our operations. Our policies regarding fuel supply are outlined in our manual. Trip fuel requirements will be determined by the captain based on a thorough flight analysis. Reference: Chapter 5 of the manual and our proposed OpSpecs.

12.  Subpart L, Records and Reports.

Indicates new/changed information.

a.  Section 125.405, Disposition of Load Manifest, Flight Release, and Flight Plans. AnyAir Aviation has developed procedures for the distribution of these documents (refer to Chapter 9, Post-Flight Procedures, of the manual).

13.  Appendix A, Additional Emergency Equipment. AnyAir Aviation understands means for:

    Emergency evacuation,

    Interior emergency exit markings,

    Lighting for interior emergency exit markings,

    Emergency light operation,

    Emergency exit operating handles,

    Emergency exit access,

    Exterior exit markings,

    Exterior emergency lighting and escape routes,

Indicates new/changed information.

    Floor-level exits, and

    Additional emergency exits.

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

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

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

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

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

FAA Letterhead

[Date]

[Applicant Name and Address]

Dear [Name of Appropriate Official]:

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

[Cite the reasons for denial in detail]

Indicates new/changed information.

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

Sincerely,

Indicates new/changed information.

Office Manager

Figure 2-28.  Sample Letter Withdrawing Deviation Authority

FAA Letterhead

[Date]

[Deviation Holder Name and Address]

Dear [Name of Appropriate Official]:

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

[Cite the reasons for withdrawal in detail]

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

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

Sincerely,

Indicates new/changed information.

Office Manager

Figure 2-29.  Sample Letter Denying Special Flight Authorization

FAA Letterhead

[Date]

[Applicant Name and Address]

Dear [Name of Appropriate Official]:

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

[Cite all the reasons for denial in detail]

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

Sincerely,

Indicates new/changed information.

Office Manager

Indicates new/changed information.

Figure 2-30.  Sample LODA A510, Special Flight Authorization (SFA) for Ferry Flights

U.S. DOT logo

14 CFR Part 125M Operations

U.S. Department

of Transportation

Federal Aviation

Administration

 

Letter of Deviation Authority

Special Flight Authorization (SFA) for Ferry Flights

1.  This Letter of Deviation Authority (LODA) constitutes an SFA, issued to the operator listed below, for the purpose of ferrying an airplane under 14 CFR part 91 from the departure airport [enter] to the destination airport [enter].

Indicates new/changed information.

2.  This LODA authorizes the operator to operate the airplane(s) listed in Table 2 in accordance with part 91.

Indicates new/changed information.

3.  The operator and responsible party listed in Table 1 below must be responsible for the strict observance of the terms and provisions contained herein.

Indicates new/changed information.

Table 1 – Registered Operator Contact Information

Operator Name:

 

Responsible Party Name:

 

Address:

 

Telephone:

 

Facsimile No.:

 

Email Address:

 

4.  This LODA is not transferable.

Indicates new/changed information.

5.  Effective Dates. This LODA is effective from [enter dd/mm/yyyy] to [enter dd/mm/yyyy] inclusive, and is subject to cancellation at any time upon notice by the Administrator or his authorized representative.

Indicates new/changed information.

6.  Ferry flights authorized under this LODA will be conducted without passengers or cargo.

Indicates new/changed information.

7.  A true copy of this LODA must be carried on the airplane(s) listed in Table 2 below (14 CFR part 125, § 125.7).

Indicates new/changed information.

8.  Authorized Airplane(s). Only the authorized airplane(s) listed in Table 2 below are authorized for ferry flights under this LODA:

Indicates new/changed information.

Table 2 – Airplanes Authorized for Ferry Flights

Registration No.

Serial No.

Airplane M/M/S

 

 

 

Indicates new/changed information.

9.  Ferry Flightcrew Members. Only the ferry flightcrew members listed in Table 3 below are authorized under this LODA:

Indicates new/changed information.

Table 3 – Authorized Crewmembers

Crewmember Name

 

Indicates new/changed information.

10.  Any changes, additions, or renewals to this LODA require submission of the request to the issuing Flight Standards office.

Indicates new/changed information.

Figure 2-30A.  Sample LODA A511, Special Flight Authorization (SFA) for Sales Demonstration Flights

U.S. DOT logo

14 CFR Part 125M Operations

U.S. Department

of Transportation

Federal Aviation

Administration

 

Letter of Deviation Authority

Special Flight Authorization (SFA) for Sales Demonstration Flights

1.  This Letter of Deviation Authority (LODA) constitutes an SFA, issued to the U.S. operator listed below, to conduct sales demonstration flights under 14 CFR part 91 within the contiguous United States and within a [enter nautical miles] nautical mile radius of the airport of departure.

Indicates new/changed information.

2.  This LODA authorizes the operator to operate the airplane(s) listed in Table 2 in accordance with part 91.

Indicates new/changed information.

3.  The operator and responsible party listed in Table 1 below must be responsible for the strict observance of the terms and provisions contained herein.

Indicates new/changed information.

Table 1 – Registered Operator Contact Information

Operator Name:

 

Responsible Party Name:

 

Address:

 

Telephone:

 

Facsimile No.:

 

Email Address:

 

4.  This LODA is not transferable.

Indicates new/changed information.

5.  Effective Dates. This LODA is effective from [enter dd/mm/yyyy] to [enter dd/mm/yyyy] inclusive, and is subject to cancellation at any time upon notice by the Administrator or his authorized representative.

6.  Only passengers and cargo necessary for the demonstration may be carried.

7.  The sales demonstration flights authorized herein are to be conducted without compensation or hire.

Indicates new/changed information.

8.  A true copy of this LODA must be carried on the airplane(s) listed in Table 2 below (14 CFR part 125, § 125.7).

Indicates new/changed information.

9.  Authorized Airplane(s). Only the airplane(s) listed in Table 2 below are authorized for sales demonstration flights under this LODA:

Indicates new/changed information.

Table 2 – Airplanes Authorized for Sales Demonstration Flights

Registration No.

Serial No.

Airplane M/M/S

 

 

 

Indicates new/changed information.

10.  Authorized Pilots. Only the pilots listed in Table 3 below are authorized for use under this LODA:

Indicates new/changed information.

Table 3 – Authorized Pilots

Pilot Name(s)

 

Indicates new/changed information.

11.  Any changes, additions, or renewals to this LODA require submission of the request to the issuing Flight Standards office.

Indicates new/changed information.

Figure 2-30B.  Sample LODA A512, Special Flight Authorization (SFA) for Training Flights

U.S. DOT logo

14 CFR Part 125M Operations

U.S. Department

of Transportation

Federal Aviation

Administration

 

Letter of Deviation Authority

Special Flight Authorization (SFA) for Training Flights

1.  This Letter of Deviation Authority (LODA) constitutes an SFA, issued to the operator listed below, to conduct training flights under 14 CFR part 91 for the purpose of flightcrew member certification under 14 CFR parts 61 and 63, when associated with the certification process under 14 CFR part 119 or an applicant for a part 125 LODA (A125).

Indicates new/changed information.

2.  This LODA authorizes the operator to operate the airplane(s) listed in Table 2 in accordance with part 91.

Indicates new/changed information.

3.  The operator and responsible party listed in Table 1 below must be responsible for the strict observance of the terms and provisions contained herein.

Indicates new/changed information.

Table 1 – Registered Operator Contact Information

Operator Name:

 

Responsible Party Name:

 

Address:

 

Telephone:

 

Facsimile No.:

 

Email Address:

 

4.  The training flights will be conducted within the contiguous United States and within a [enter nautical miles] nautical mile radius of the airport.

5.  This LODA is not transferable.

Indicates new/changed information.

6.  Effective Dates. This LODA is effective from [enter dd/mm/yyyy] to [enter dd/mm/yyyy] inclusive, and is subject to cancellation at any time upon notice by the Administrator or an authorized representative.

Indicates new/changed information.

7.  Training flights under this LODA will be conducted without passengers or cargo.

Indicates new/changed information.

8.  A true copy of this LODA must be carried on the airplane(s) listed in Table 2 below (14 CFR part 125, § 125.7).

Indicates new/changed information.

9.  Authorized Airplane(s). Only the airplane(s) listed in Table 2 below are authorized for training flights under this LODA:

Indicates new/changed information.

Table 2 – Airplanes Authorized for Training Flights

Registration No.

Serial No.

Airplane M/M/S

 

 

 

Indicates new/changed information.

10.  Flightcrew Members in Training. Only the crewmembers in training listed in Table 3 below are authorized under this LODA:

Indicates new/changed information.

Table 3 – Authorized Crewmembers

Crewmember Name

 

Indicates new/changed information.

11.  Any changes, additions, or renewals to this LODA require submission of the request to the issuing Flight Standards office.

Indicates new/changed information.

Figure 2-33.  Sample Standard Parachute Operations LODA

FAA logo

Federal Aviation

Administration

Table border

Memorandum

Date:

 

To:

 

From:

 

Prepared by:

 

Subject:

Standard Parachute Operations Part 125 Letter of Deviation Authority

Table border

Indicates new/changed information.

The General Aviation and Commercial Division (AFS-800) authorizes the [Name of Responsible Flight Standards Office] to issue a Letter of Deviation Authority (LODA) in accordance with Title 14 of the Code of Federal Regulations (14 CFR) part 125, § 125.3.

Indicates new/changed information.

The Standard Parachute Operations Part 125 LODA is to be issued to [Name of Parachute Operator] in letter form, signed by the office manager, individually issued to each airplane, and is to read as follows:

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

The following conditions and limitations apply:

Indicates new/changed information.

1.  [Make/Model/Serial Number] must be maintained in accordance with the applicable provisions of 14 CFR parts 21, 43, and 91; and must be operated in compliance with the maintenance requirements of § 91.409(e) and (f). Once the operator selects an inspection program, that program must be identified in the airplane records and used by the operator. The selected inspection program may require approval by the Administrator in accordance with § 91.409(g). The operator must include in the selected inspection program the name and address of the person responsible for scheduling the required inspections. The operator will make a copy of that program available to the persons performing the inspections and to the Administrator upon request.

Indicates new/changed information.

2.  The airplane(s) must be U.S.-registered.

Indicates new/changed information.

3.  The airplane(s) must have a standard category U.S. airworthiness certificate.

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

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

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

Any operation, other than that specified within and authorized by this letter, may result in the termination of this deviation authority. This LODA must be surrendered upon the request of the Administrator or an authorized representative.

A copy of this LODA must be carried in the airplane as required by § 125.7 and presented for inspection upon the request of the Administrator or an authorized representative.

Indicates new/changed information.

Sincerely,

Indicates new/changed information.

Manager, AFS-800

Indicates new/changed information.

Figure 2-34.  Sample Standard Airplane Museum Operations LODA

FAA logo

Federal Aviation

Administration

Table border

Memorandum

Date:

 

To:

 

From:

 

Prepared by:

 

Subject:

Airplane Museum Part 125 Letter of Deviation Authority

Table border

Indicates new/changed information.

The General Aviation and Commercial Division (AFS-800) authorizes the [Name of Responsible Flight Standards Office] to issue a Letter of Deviation Authority (LODA) in accordance with Title 14 of the Code of Federal Regulations (14 CFR) part 125, § 125.3.

Indicates new/changed information.

The Standard Part 125 Airplane Museum LODA is to be issued to [Name of the Airplane Museum Operator] in letter form, signed by the office manager, individually issued to each airplane, and is to read as follows:

[Name of the Airplane Museum Operator], hereafter referred to as the operator, is granted a deviation from part 125, § 125.1 applicability, and is authorized to conduct operations in accordance with 14 CFR part 91.

The following conditions and limitations apply:

Indicates new/changed information.

1.  [Make/Model/Serial Number] must be maintained in accordance with the applicable provisions of 14 CFR parts 21, 43, and 91; and must be operated in compliance with the maintenance requirements of § 91.409(e) and (f). Once the operator selects an inspection program, that program must be identified in the airplane records and used by the operator. The selected inspection program may require approval by the Administrator in accordance with § 91.409(g). The operator must include in the selected inspection program the name and address of the person responsible for scheduling the required inspections. The operator will make a copy of that program available to the persons performing the inspections and to the Administrator upon request.

Indicates new/changed information.

2.  The airplane(s) must be U.S.-registered.

Indicates new/changed information.

3.  The airplane(s) must have a standard category U.S. airworthiness certificate.

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

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

Any operation, other than that specified within and authorized by this letter, may result in the termination of this deviation authority. This LODA must be surrendered upon the request of the Administrator or an authorized representative.

A copy of this LODA must be carried in the airplane as required by § 125.7 and presented for inspection upon the request of the Administrator or an authorized representative.

Indicates new/changed information.

Sincerely,

Indicates new/changed information.

Manager, AFS-800

Indicates new/changed information. Indicates new/changed information.

Figure 2-34A.  Sample Standard Airplane Manufacturer or Leasing Company LODA

FAA logo

Federal Aviation

Administration

Table border

Memorandum

Date:

 

To:

 

From:

 

Prepared by:

 

Subject:

Airplane Manufacturer or Leasing Company Letter of Deviation Authority

Table border

Indicates new/changed information.

The General Aviation and Commercial Division (AFS-800) authorizes the [Name of Responsible Flight Standards Office] to issue a Letter of Deviation Authority (LODA) in accordance with Title 14 of the Code of Federal Regulations (14 CFR) part 125, § 125.3.

Indicates new/changed information.

The LODA is to be issued to [Name of Airplane Manufacturer or Leasing Company] in letter form, signed by the office manager, and is to read as follows:

Indicates new/changed information.

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

The following conditions and limitations apply:

Indicates new/changed information.

1.  [Make/Model/Serial Number] must be maintained in accordance with the applicable provisions of 14 CFR parts 21, 43, and 91; and must be operated in compliance with the maintenance requirements of § 91.409(e) and (f). Once the operator selects an inspection program, that program must be identified in the airplane records and used by the operator. The selected inspection program may require approval by the Administrator in accordance with § 91.409(g). The operator must include in the selected inspection program the name and address of the person responsible for scheduling the required inspections. The operator will make a copy of that program available to the persons performing the inspections and to the Administrator upon request.

Indicates new/changed information.

2.  The airplane(s) must be U.S.-registered.

Indicates new/changed information.

3.  The airplane(s) must have a standard category U.S. airworthiness certificate.

4.  Operations with passengers or cargo are prohibited.

5.  Operations for compensation or hire are prohibited.

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

Indicates new/changed information.

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

Any operation, other than that specified within and authorized by this letter, may result in the termination of this deviation authority. This LODA must be surrendered upon the request of the Administrator or an authorized representative.

A copy of this LODA must be carried in the airplane as required by § 125.7 and presented for inspection upon the request of the Administrator or an authorized representative.

Indicates new/changed information.

Sincerely,

Indicates new/changed information.

Manager, AFS-800

Indicates new/changed information.

Figure 2-34B.  Sample Standard Airplane Leasing-Company-Specific LODA

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Federal Aviation

Administration

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Memorandum

Date:

 

To:

 

From:

 

Prepared by:

 

Subject:

Airplane Leasing-Company-Specific Letter of Deviation Authority

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The General Aviation and Commercial Division (AFS-800) authorizes the [Name of Responsible Flight Standards Office] to issue a Letter of Deviation Authority (LODA) in accordance with Title 14 of the Code of Federal Regulations (14 CFR) part 125, § 125.3.

The LODA is to be issued to [Name of Leasing Company/Operator] in letter form, signed by the office manager, and is to read as follows:

[Name of Leasing Company/Operator], hereafter referred to as the operator, is granted a deviation from part 125, § 125.1 applicability, and is authorized to conduct operations in accordance with 14 CFR part 91 to allow movement of airplanes as directed by the operator.

The following conditions and limitations apply:

1.  [Make/Model/Series] must be maintained in accordance with the applicable provisions of 14 CFR parts 21, 43, and 91; and must be operated in compliance with the maintenance requirements of § 91.409(e) and (f). Once the operator selects an inspection program, that program must be identified in the airplane(s) records and used by the operator. The selected inspection program may require approval by the Administrator in accordance with § 91.409(g). The operator must include in the selected inspection program the name and address of the person responsible for scheduling the required inspections. The operator will make a copy of that program available to the persons performing the inspections and to the Administrator upon request.

2.  The airplane(s) must be U.S.-registered.

3.  The airplane(s) must have a standard category U.S. airworthiness certificate.

4.  Transportation with passengers or cargo is prohibited.

5.  Transportation for compensation or hire is prohibited.

6.  Persons on board the airplane(s) are restricted to crewmembers and other persons who are essential to the operation and are specifically authorized by the operator.

Any operation, other than that specified within and authorized by this letter, may result in the termination of this deviation authority. This LODA must be surrendered upon the request of the Administrator or an authorized representative.

A copy of this LODA must be carried in the airplane as required by § 125.7 and presented for inspection upon the request of the Administrator or an authorized representative.

Sincerely,

Manager, AFS-800

RESERVED. Paragraphs 2-719 through 2-765.