11/27/12

 

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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:  This information is subject to change or cancellation.

Indicates new/changed information.

E.    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.

Indicates new/changed information.

I.    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.

Indicates new/changed information.

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

A.    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.    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:  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:  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.

Indicates new/changed information.

C.    Review FAA Form 7711-2. Using the information provided by the applicant and the background in section 1, review FAA Form 7711-2 for all pertinent information for the proposed banner tow operation. Accept strikeovers that are minor in nature and initialed by the applicant. 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)    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

Indicates new/changed information.

Figure 3-6. 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 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.

Indicates new/changed information.

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 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.    Block 11—Sponsorship. Not required.

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

l.    Block 13—Policing. Not required.

m.  Block 14—Emergency Facilities. Not required.

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

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

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 3-10. 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.

Ple ase 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.