NOTICE

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

N 8900.427

 

National Policy

Effective Date: 7/25/17

 

 

Cancellation Date: 7/25/18

SUBJ:

Issuance of a Certificate of Waiver for Aerobatic Competency Evaluation/Practice Operations

 

1.    Purpose of This Notice. This notice provides for the use of temporary guidance to be established as Federal Aviation Administration (FAA) Order 8900.1 Volume 3, Chapter 9, Section 1 to issue a Certificate of Waiver (CoW) (FAA Form 7711‑1, Certificate of Waiver or Authorization) for Aerobatic Competency Evaluation/Practice (ACE/P) operations. In order to increase the level of safety for air show performers who are subject to the FAA policy requirements in Order 8900.1 Volume 3, Chapter 6, Section 1, Issue a Certificate of Waiver or Authorization for an Aviation Event, and Volume 6, Chapter 11, Section 10, Surveillance of an Aviation Event, which require performers to obtain and maintain aerobatic competency, the ACE/P CoW will provide greater access to protected airspace by which they can safely fulfill these FAA requirements.

2.    Audience. The primary audience for this notice is Flight Standards District Office (FSDO) aviation safety inspectors (ASI). The secondary audience includes Flight Standards branches and divisions in the regions and in headquarters (HQ).

3.    Where You Can Find This Notice. You can find this notice on the MyFAA employee website at https://employees.faa.gov/tools_resources/orders_notices. Inspectors can access this notice through the Flight Standards Information Management System (FSIMS) at http://fsims.avs.faa.gov. Operators can find this notice on the FAA’s website at http://fsims.faa.gov. This notice is available to the public at http://www.faa.gov/regulations_policies/orders_notices.

4.    Background. The Aerobatic Competency Evaluation Program (ACE Program), administered by the FAA to the International Council of Air Shows (ICAS) and the Experimental Aircraft Association Warbirds of America (EAA WoA), provides the North American air show community with a tool for periodically evaluating the aerobatic competence of air show pilots who perform aerobatics at U.S. and Canadian air shows. In a unique partnership between ICAS, EAA WoA, Transport Canada (TC), and the FAA, the ACE Program prescribes minimum standards in Order 8900.1 Volume 5, Chapter 9, Section 1, Issue/Renew/Rescind a Statement of Acrobatic Competency, and the FAA‑accepted ICAS or EAA WoA ACE Manual by which evaluations are conducted and the recommendations for the issuance of a Statement of Aerobatic Competency (SAC) (FAA Form 8710‑7 and TC Form 26‑0307) are made to the FAA and TC. This is in addition to the necessary qualifications for both an aerobatic competency evaluator (ACE) or an air show pilot.

a.    Regulations Waived. The air show industry utilizes specialized aerobatic aircraft and highly experienced and qualified pilots, who perform on a regular basis in front of large crowds, in a controlled environment within the strict guidelines of a CoW for an air show. These pilots are required to demonstrate their aerobatic competency on a regular basis, including the conduct of specific numbers of practices within specific time periods in order to remain proficient to perform in air shows and comply with the currency requirements established in FAA policy. These pilots perform aerobatic maneuvers below the minimum 1,500 feet above the surface as specified in Title 14 of the Code of Federal Regulations (14 CFR) part 91, § 91.303(e) or in proximity to persons, property, or airspace as specified in § 91.303(a)(d). Additionally, these aircraft are flown at altitudes and/or horizontal radii less than the minimums specified in § 91.119(b) and (c) and/or § 91.515(a). These operations may also take place outside the parameters of several other regulations listed in § 91.905.

b.    Aerobatic Competency Evaluator (ACE). The ACE/P CoW grants authority to an ACE to act as the responsible person for temporary ACE/P operations to be conducted. The ACE/P CoW allows the holder of, or an applicant for, a SAC to be evaluated by the ACE, to practice their air show performance, or to be evaluated for initial issuance, reinstatement, or renewal of a SAC in a controlled environment that replicates the air show aerobatic box or flying display area. The establishment of the temporary airspace is done in accordance with the FAA-issued ACE/P CoW and the associated ACE/P Operations Manual.

5.    Guidance. The new guidance to be added as Order 8900.1 Volume 3, Chapter 9, Section 1, Issue a Certificate of Waiver for Aerobatic Competency Evaluation/Practice Operations (see Appendix A) states the equivalent (or higher) level of safety that can be achieved using this process to issue a CoW for ACE/P operations. The ACE/P CoW will allow for greater temporary access to airspace that is protected and allows authorized ACEs and performers who hold a SAC the opportunity to gain access to an aerobatic box for practice or to be evaluated in an environment that simulates the air show environment, significantly increasing the level of safety for the performers and the public attending air shows in the United States.

6.    Action. An applicant that is an organization with an FAA-accepted ACE Program is eligible to be issued an ACE/P CoW by the General Aviation Operations Branch (AFS-830) when an FAA Form 7711‑2, Application for Certificate of Waiver or Authorization, for an ACE/P CoW is requested in accordance with this notice and the attached temporary guidance to be established as Order 8900.1 Volume 3, Chapter 9, Section 1.

a.    Objective. The objective of this task is to review and issue, or deny, a request for a CoW for ACE/P operations. This process includes the review of all required attachments, including the ACE/P Operations Manual that must contain specific procedures for an authorized ACE, to submit a Plan of Activities (POA) to the jurisdictional FSDO providing notification of planned ACE/P operations within their district boundaries.

b.    Task Completion. Successful completion of this task results in approval or disapproval of the FAA Form 7711‑2 application for an ACE/P CoW and the issuance or denial of an ACE/P CoW.

7.    Disposition. We will incorporate the information in this notice into Order 8900.1 before this notice expires. Direct questions regarding the information in this notice to the General Aviation Operations Branch (AFS-830), Sue Gardner at 630‑880‑5834 or by email at sue.gardner@faa.gov.

ORIGINAL SIGNED by

/s/ John Barbagallo

Deputy Director, Flight Standards Service

Appendix A. Draft Order 8900.1 Volume 3, Chapter 9, Section 1

VOLUME 3  GENERAL TECHNICAL ADMINISTRATION

CHAPTER 9  ISSUE A CERTIFICATE OF WAIVER FOR AEROBATIC COMPETENCY EVALUATION/PRACTICE OPERATIONS

Section 1  Issue a Certificate of Waiver for Aerobatic Competency Evaluation/Practice Operations

3-236    PROGRAM TRACKING AND REPORTING SUBSYSTEM (PTRS) ACTIVITY CODES.

A.    Issuance of Certificate of Waiver (CoW). 1230.

B.    Review/Revise Aerobatic Competency Evaluation/Practice (ACE/P) Operations Manual and/or Plan of Activities (POA). 1237.

3-237    OBJECTIVE. The objective of this task is to review and issue, or deny, a request for a Federal Aviation Administration (FAA) CoW (FAA Form 7711‑1, Certificate of Waiver or Authorization) for Aerobatic Competency Evaluation/Practice (ACE/P) operations, and to determine if the applicant has developed an acceptable ACE/P Operations Manual for use in ACE/P operations, which includes procedures for an authorized aerobatic competency evaluator (ACE) to submit a POA to the jurisdictional Flight Standards District Office (FSDO), providing notification of planned ACE/P operations within their district boundaries. Successful completion of this task results in the approval or disapproval of FAA Form 7711‑2, Application for Certificate of Waiver or Authorization, for an ACE/P and an ACE/P Operations Manual, and the issuance or nonissuance of an ACE/P CoW.

3-238    GENERAL.

A.    Purpose of the ACE/P CoW. The ACE/P CoW allows for reduced-notice, temporary ACE/P operations to be conducted under a CoW, in accordance with an ACE/P Operations Manual, which becomes an attachment to the approved CoW, granting authority to ACEs listed in the ACE/P Operations Manual to act as the responsible person during ACE/P operations according to a POA submitted to the local FSDO having jurisdiction over the area where the proposed ACE/P operations are to be conducted. The ACE/P CoW authorizes the holder of a Statement of Aerobatic Competency (SAC) (FAA Form 8710‑7 or Transport Canada (TC) Form 26‑0307) to be evaluated by the ACE or to practice their air show performance in a controlled environment that simulates the air show aerobatic box or flying display area. All ACE/P operations participants will conduct operations in accordance with the ACE/P CoW, special provisions, and ACE/P Operations Manual that establishes safe operating procedures, guidelines, and criteria to conduct aerobatics and operate below the altitudes required in Title 14 of the Code of Federal Regulations (14 CFR) Part 91, General Operating and Flight Rules.

1)    Pilots who hold a SAC are required to demonstrate their aerobatic competency on a regular basis, including the conduct of specific numbers of practices within specific time periods, in order to comply with the currency requirements established in FAA policy.

2)    ACEs evaluate air show performers who are required by FAA policy to hold a SAC. These pilots perform aerobatic maneuvers below 1,500 feet above the surface as specified in § 91.303(e) or in proximity to persons, property, or airspace as specified in § 91.303(a)(d). Additionally, these aircraft are flown at altitudes and/or horizontal radii less than the minimums specified in § 91.119(b) and (c), and/or § 91.515(a). These operations may also take place outside the parameters of several other regulations listed in § 91.905.

3)    The ACE/P CoW will grant greater access to waivered airspace and allow ACEs and performers who hold a SAC the opportunity to practice or to be evaluated on a temporary basis in an environment that simulates the air show environment. The ACE/P CoW process is a tool that will allow the air show industry to significantly increase the level of safety for the performers and the public attending air shows in the United States.

B.    Definitions.

1)    Aerobatic Competency Evaluation/Practice (ACE/P) Operations. A vital safety tool used to establish waivered airspace for the purpose of evaluating SAC applicants conducting aerobatic routines under an FAA‑accepted ACE Program, and for the applicants and SAC holders to practice aerobatic routines in order to comply with currency requirements required by Volume 3, Chapter 6, Section 1. An ACE authorized under the ACE/P CoW must submit a POA as required by the ACE/P Operations Manual to the jurisdictional FSDO prior to commencing ACE/P operations.

NOTE:  ACE/P operations DO NOT involve invited assemblies of persons.

2)    Aerobatic Competency Evaluator (ACE) and Aerobatic Competency Evaluation/Practice (ACE/P) ACE.

a)    An ACE is a person designated to conduct an aerobatic competency evaluation in accordance with the provisions of an FAA-accepted ACE Program and make recommendations to the FAA for the issuance of a SAC. This includes the initial, renewal, reevaluation, and reinstatement of a SAC.

b)    An ACE/P ACE is an ACE who is named in the ACE/P Operations Manual and is authorized under the ACE/P CoW as a responsible person for a local POA.

3)    ACE/P Operations Manual. Operating and safety procedures must be incorporated in an ACE/P Operations Manual. The Operations Manual is a required attachment to the ACE/P CoW. The Operations Manual is the standard by which a certificate holder must conduct all operations pursuant to FAA Form 7711‑1 for ACE/P. The controls, procedures, and conditions set forth in the Operations Manual are the primary assurance that nonparticipating persons will not be jeopardized. The manual is the basis for the issuance of the ACE/P CoW and, after approval, for the procedures by which a POA is created and submitted for each ACE/P area of operations. Therefore, failure to comply with the provisions of the Operations Manual shall be considered a violation of the terms of the ACE/P CoW and may constitute justification for cancellation of the ACE/P CoW.

4)    Aerobatic Flight. When participating in accordance with the provisions of a CoW for an air show or ACE/P operations, single and formation aircraft are defined to be in aerobatic flight when the pitch attitude of that aircraft is greater than 60 degrees above or below the horizon and/or the angle of bank is greater than 75 degrees in reference to the horizon. The definition in § 91.303 does not apply. Therefore, an applicant should request that the portion of § 91.303 that defines aerobatic flight be waived in their application for an ACE/P CoW.

5)    Aircraft. Any aircraft that is flown as part of the ACE/P operations.

6)    Aviation Event. Aviation events include air shows, aerobatic competitions, closed-course air races, cross-country air races, parachute demonstrations, balloon events, flyovers, and fly-ins conducted before an invited assembly of persons, for which the FAA issues a CoW or Certificate of Authorization (CoA). ACE/P operations are not considered an aviation event/air show because they are not conducted before an invited assembly of persons.

7)    Authorized Person. An authorized person is described as a person participating in the ACE/P operations who has been authorized by the ACE responsible for the ACE/P operations taking place and is listed on the POA submitted to the jurisdictional FSDO. Examples of these authorized participants include: an ACE, pilot performer, safety observer, other performers and/or participants such as wing walkers, jet car drivers, motorcycle or car drivers, pole holders, glider wing runners and authorized critique photographers.

NOTE:  Examples of nonparticipating persons are the public, spectators, media, and others who are not required to conduct ACE/P operations.

8)    Responsible Person. This person is responsible for all aspects and special provisions of the CoW. This person must be acceptable to the Administrator as being knowledgeable concerning the terms and provisions of the CoW and the ACE/P Operations Manual. The responsible person will be accountable to the FAA for the safe conduct of the ACE/P operations and compliance with the FAA-approved ACE/P Operations Manual.

9)    Plan of Activities (POA). A document containing the information listed in the ACE/P Operations Manual required for the proposed activity to be submitted to the FSDO having jurisdiction over the area of proposed ACE/P operations. This document provides notification of planned ACE/P operations in accordance with the ACE/P CoW and the FAA-approved ACE/P Operations Manual.

10)    Statement of Aerobatic Competency (SAC). FAA Form 8710‑7 and TC Form 26‑0307 are used to issue a SAC. In order for a civil pilot (including foreign pilots) of a civil aircraft to perform aerobatic and certain other maneuvers at air shows authorized by FAA Form 7711‑1, the pilot must have a valid SAC in his or her possession.

C.    Scope of Waivers. Waivers of part 91 listed on the CoW and the special provisions attached to the CoW may vary in scope, depending on the regulations that an applicant requests to be waived.

1)    Some aerobatic maneuvers may require only a waiver of § 91.303(e) to permit aerobatic flight at less than 1,500 feet above ground level (AGL). Others may require the waiver of speed limitations, minimum safe altitudes, operations in controlled airspace, or specific prohibitions while operating in the vicinity of an airport.

2)    Section 91.905 is an all-inclusive list of part 91 regulations that can be waived.

3)    Commonly waived regulations for aerobatic contests, aerobatic practice areas, air shows and ACE/P operations are §§ 91.117, 91.119, 91.127, 91.129, 91.130, 91.131, 91.303, 91.515, and 91.155, depending on the location, congestion, and complexity of the area in which aerobatics will take place (see Figure 3‑351, ACE/P Regulations Waived).

4)    Regulations that may not be waived:

a)    Section 91.119(a) may not be waived at any time for an ACE/P operation.

b)    Section 91.155 may not be waived at any time for an ACE/P operation, unless the ACE/P operation is conducted entirely within the lateral boundaries of Class D Airspace.

c)    Section 91.303(a) and (b) may not be waived at any time for an ACE/P operation.

D.    Air Traffic Coordination. ACE/P operations may be conducted at controlled or uncontrolled airports, or in sparsely populated areas far removed from any persons and/or congested areas, provided prior arrangements have been made with the controlling agency(ies) and/or property owner(s), in accordance with the ACE/P Operations Manual and the required POA. The location of these operations is determined through proper coordination by the CoW holder, the authorized ACE, and with appropriate air traffic control (ATC) personnel and property owners, as necessary.

1)    Controlled airport procedures are as follows:

a)    The pilot must have a two-way radio and be in contact with the tower, or other controlling agency (e.g., air route traffic control center (ARTCC)) on its frequency, and monitor the discrete frequency utilized by the observer.

b)    The observer will be in contact with the air traffic control tower (ATCT), or other controlling agency (e.g., ARTCC) on its frequency, and with the pilot on the discrete frequency.

c)    The authorized ACE will predetermine with the ATCT or other controlling agency a location for the pilot to loiter when, and if, nonparticipating aircraft may approach the ACE/P operations area, until the traffic is no longer a factor to the ACE/P operations.

d)    If necessary, the pilot may land until traffic conflicts are negotiated.

2)    Uncontrolled airport and off-airport location procedures are as follows:

a)    The authorized person(s) must have a two-way radio and be in contact with the observer on a predetermined frequency.

b)    The observer and the pilot will monitor the separate common traffic advisory frequency (CTAF) to maintain awareness of transient aircraft.

c)    The observer will immediately alert the pilot of any conflicting traffic or traffic inbound to the airport.

d)    The authorized ACE, the pilot(s), and the observer(s) will predetermine a location for the pilot to loiter when, and if, nonparticipating aircraft approach the ACE/P operations area, until the traffic is no longer a factor to the ACE/P operations.

e)    If necessary, the pilot may land until traffic conflicts are negotiated.

E.    Operation of Transponders. Transponders must be installed, operational, and used in the appropriate airspace, as required by § 91.215. It is recommended that a deviation is not issued for ACE/P operations.

F.    Night Operations. Night operations must be conducted in accordance with the corresponding special provisions listed in the ACE/P Operations Manual associated with the CoW. “Night” means the time between the end of evening civil twilight and the beginning of morning civil twilight, as published in the Air Almanac, converted to local time.

G.    Special Considerations. Authorized persons may be present while on the exterior of, or entering or exiting, an aircraft in flight. The following are possible scenarios:

1)    Aircraft that include external activities such as wing walking, parachuting, air-to-air transfers, air-to-ground transfers, and ground-to-air transfers.

2)    Helicopter activities that include rappelling, long line operations, and other air show activities may constitute an external load. However, the FAA does not provide Class B, C, or D certification for nonjettisonable activities. They would not be approved as external-load operations under 14 CFR part 133.

H.    Standard, Limited, Restricted, and Experimental Category Aircraft. In order to be used in ACE/P operations, the aircraft must have a Certificate of Airworthiness issued in the appropriate category and include operating limitations that, if applicable, permit the proposed operations.

I.    Helicopter. Helicopter operations are generally conducted under § 91.119(d). However, helicopter ACE/P operations below 500 feet AGL may create a hazard to persons or property on the surface by drawing nonparticipants into the area. Therefore, FAA Form 7711‑1 must be obtained for helicopter ACE/P operations. If helicopters are to be used for aerobatic purposes under the provisions of an ACE/P CoW, refer to the helicopter special provisions applicable to ACE/P operations available on the National Aviation Events Program website at http://www.faa.gov/about/initiatives/airshow/waiver.

J.    FAA Forms. FAA Form 7711‑2 (see Figure 3‑342) is a multipurpose form used to apply for FAA Form 7711‑1, Certificate of Waiver or Authorization (see Figure 3‑343). All blocks on the form may not be applicable to the application request.

K.    Application. FAA Form 7711‑2, including a proposed ACE/P Operations Manual, should be submitted at least 90 days before the first ACE/P operation is proposed to begin. The completion and submission of FAA Form 7711‑2 and a proposed ACE/P Operations Manual is the sole responsibility of the applicant.

L.    Approval or Disapproval. Applications for an ACE/P Operations CoW are processed at the General Aviation Operations Branch (AFS-830), and must be issued at least 15 days prior to when the first ACE/P operation is proposed to begin. Within 30 days of receipt of FAA Form 7711‑2, AFS-830 must have notified the applicant and discussed any problems with the application. The AFS-830 manager or his or her designated representative from within that branch, shall sign the CoW for approval. The approval of the FAA Form 7711‑2 and the associated ACE/P Operations Manual become part of FAA Form 7711‑1. Disapproval of the FAA Form 7711‑2 must be issued at least 30 days prior to the beginning date of the planned operations.

M.    Expiration Date. FAA Form 7711‑1 for ACE/P will have an expiration date 36 calendar-months from the date of issuance.

N.    ACE/P Operations Manual. Operating and safety procedures are defined in the associated ACE/P Operations Manual. The ACE/P Operations Manual is a required part of the ACE/P CoW, and it is the standard by which a certificate holder must conduct all operations pursuant to the ACE/P CoW. The controls, procedures, and conditions set forth in the ACE/P Operations Manual, including the Special Provisions Appendix, are the primary assurance that the safety of nonparticipating persons will not be jeopardized. This will be the basis for the issuance of the ACE/P CoW. Therefore, failure to comply with the provisions of the ACE/P Operations Manual shall be considered a violation of the terms of the ACE/P CoW and may constitute justification for cancellation of the ACE/P CoW and/or initiation of enforcement action.

O.    Revisions. ACE/P CoW holders shall discuss ACE/P Operations Manual revisions, including revisions to the Special Provisions Appendix, with AFS-830. AFS-830 shall approve or deny the ACE/P CoW revisions.

P.    Special Provisions. Special provisions are conditions, requirements, or limitations necessary to protect nonparticipating persons, property on the surface, and other users of the National Airspace System (NAS).

1    Applicability. Many safety provisions are general in nature and are applicable to most ACE/P operations. Other special provisions require extensive and highly detailed special provisions and may apply only to certain types of ACE/P operations. Provisions that appear or are linked to the ACE/P CoW should be restricted to protective measures, controls, or requirements that are not otherwise specified by the regulations. Special provisions never supersede aircraft airworthiness operating limitations.

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

3)    Authorized Use. Special provisions that are authorized to be used for ACE/P operations are applied at the following three levels:

a)    FAA Standard Special Provisions—ACE/P Operations. A complete listing of FAA-approved ACE/P special provisions authorized to be incorporated in the ACE/P Operations Manual can be located on the FAA National Aviation Events Program website at http://www.faa.gov/about/initiatives/airshow/. These special provisions are developed in compliance with current guidance in this order, as determined by the General Aviation and Commercial Division (AFS-800).

b)    Special Provisions—ACE/P CoW/Operations Manual. The application for an ACE/P CoW (FAA Form 7711‑2) will include a list of special provisions established for ACE/P operations planned to be conducted under the ACE/P CoW. The list of the proposed special provisions will be created from the FAA Standard Special Provisions list and must be included as an appendix to the ACE/P Operations Manual submitted with FAA Form 7711‑2. The FAA-approved ACE/P CoW will refer to the special provisions listed as an appendix to the FAA-approved ACE/P Operations Manual (see Figure 3-343).

c)    Special Provisions—ACE/P POA. The POA submitted by a responsible ACE will include special provisions selected for a specific ACE/P operation and will be derived from the list of special provisions in the FAA‑approved ACE/P Operations Manual Special Provisions Appendix as referenced in the ACE/P CoW.

4)    Unlisted Special Provisions. Any special provision submitted as part of FAA Form 7711‑2 and the ACE/P Operations Manual that is not listed on the FAA National Aviation Events Program website must have Regional Aviation Event Specialist (RAES) or National Aviation Event Specialist (NAES) approval.

a)    If requested after the ACE/P CoW is issued, this must be requested by the responsible person for the ACE/P CoW through AFS-830 as a change to the ACE/P Operations Manual Special Provisions Appendix.

b)    This should be documented in the AFS-830 file in the form of electronic media or written documentation.

5)    Special Provisions Appendix. Type the FAA Standard Special Provisions incorporated into the ACE/P Operations Manual Special Provisions Appendix or the ACE/P POA with as little editorial change as possible. Include only applicable special provisions. Numbers and language can be inserted or changed to suit each event only when necessary, appropriate, and in accordance with the guidance in this order.

Q.    Regulatory Basis. Failure to comply with any special provision is a violation of the terms of an ACE/P CoW and is justification for cancellation of the ACE/P CoW. This constitutes a violation of Title 49 of the United States Code (49 U.S.C.) § 44711(a)(2)(B) and/or § 44711(a)(5). The FAA has the authority to cancel or delay any or all activity if the safety of persons or property on the ground or in the air are in jeopardy, or if there is a violation of the terms of the CoW.

3-239    CONTENTS OF THE ACE/P OPERATIONS MANUAL. The applicant must submit a copy of the ACE/P Operations Manual as an attachment to, and part of, the application for an ACE/P CoW. The ACE/P Operations Manual must include at least the following:

A.    List of All Qualified ACEs Approved to Initiate and Use the ACE/P Operations CoW. This list must include the ACE’s:

·    Name,

·    Address, and

·    Telephone number (cell phone is preferred).

B.    Distribution and Revision Information. This section must contain a revision control page for the ACE/P Operations Manual to ensure that all ACE/P Operations Manuals are kept current. Proposed revisions to the ACE/P Operations Manual shall be submitted electronically, via email, or mailed to AFS-830 for review at least 20 business-days before the proposed effective date. Revisions will not be distributed by the CoW holder until approved by AFS-830 and returned to the CoW holder with an indication of approval. If the revisions are not approved, AFS-830 must notify the CoW holder in writing electronically, via email, or by mail within 10 business-days of receipt of the proposed revisions.

C.    Persons Authorized. Section 91.119(c) is waived only with respect to those authorized participating persons, vehicles, and structures directly involved in the operation of the ACE/P operations. The ACE/P Operations Manual will include procedures to ensure that no persons are allowed within 500 feet of the ACE/P area of operations except authorized personnel.

D.    Area of Operations. Depending upon the activities of the applicant, there could be a variety of operational needs. Certain ACE/P CoW holders may confine their activities to a local area, while other ACE/P CoW holders may conduct activities throughout the entire United States, its territories and possessions. The ACE/P Operations Manual shall define the area authorized by the ACE/P CoW. While the ACE/P CoW is issued by AFS-830, the authorized ACE must coordinate with the FSDO having geographic responsibility over the area where the ACE/P operations will be conducted. This coordination is accomplished using the POA (see subparagraph 3-239E below).

E.    POA. The ACE/P Operations Manual must establish what is included in a POA and procedures for an authorized ACE to submit a written POA to the local FSDO having jurisdiction over the area of proposed operations for the purpose of planned ACE/P operations. See paragraph 3-241, Preparing the POA, for what must be included in the POA.

1)    The POA must be submitted at least 10 business-days prior to commencing ACE/P operations. The 10-business-day notification may be reduced to a minimum of 3 business-days with the concurrence of the jurisdictional FSDO. Justification of the exception to the 10-business-day requirement, acceptable to the jurisdictional FSDO, is required. This exception should not be requested for the initial POA coordinated with a FSDO.

2)    ACE/P operations (actual operations, not scheduled operations) may not be conducted for more than 3 consecutive days and no more than 12 days in a 30-day period at any one location.

F.    Coordination with Property Owners and Local Officials. The ACE/P Operations Manual will specify requirements and procedures for the ACE/P CoW holder to coordinate with private property owners and for the required coordination with local officials (e.g., police, sheriff, fire departments, airport management, and ATC) as appropriate for the conduct of all ACE/P operations when operating under the provisions of the ACE/P CoW.

G.    Security. The applicant will specify the method of security that will be provided to exclude all persons not directly involved with the ACE/P operations from the location. In the interest of safety, provisions will be made to stop activities when unauthorized persons, vehicles, or aircraft enter the ACE/P operations area, or for any other reason. Procedures must be in place to require a minimum safety distance of 500 feet from nonparticipating personnel and occupied buildings.

H.    Briefing of Pilot/Authorized Participants. Procedures will be included to brief participating personnel of the risks involved, emergency procedures, and safeguards to be followed during the conduct of ACE/P operations. At a minimum, the briefing shall cover:

·    ACE/P Operations Manual, including special provisions;

·    POA, including local special provisions for that activity;

·    Waived regulations;

·    Aircraft parking and starting;

·    Taxi procedures;

·    Radio communications;

·    Takeoff procedures;

·    Aviation activities to be conducted;

·    Approach and landing procedures;

·    Recall procedures;

·    Emergency procedures;

·    Risks to participating personnel; and

·    Control of nonparticipating person(s).

I.    Certification/Airworthiness. The responsible ACE must ensure the participating aircraft have the required documentation to show the aircraft is in Airworthy condition. The responsible ACE may use the ACE/P aircraft required documents checklist (see Figure 3-349) to ensure they have reviewed all the correct information.

1)    Examination of Condition. To ensure that the participating aircraft are Airworthy, the responsible ACE should examine the general condition of the aircraft and required aircraft documents, and he or she should determine if the aircraft has met the specified inspections.

2)    Determining Compliance. The responsible ACE should use one of the following methods to determine compliance with required inspections and Airworthiness Directives (AD):

a)    Review of the aircraft’s maintenance records (logbooks), or

b)    Review of a current and valid form supplied by the owner/operator. The completed form must be similar to the sample FAA Aircraft Status and Inspection Form (see Figure 3-348).

J.    Pilot Personnel—Minimum Requirements. The responsible ACE shall establish the participating pilot meets the minimum pilot requirements. The responsible ACE can use the ACE/P performer’s required documents checklist to ensure they have all of the correct information (see Figure 3-350).

1)    Minimum requirements shall meet or exceed the following:

a)    Each pilot must be current and have the proper qualifications for the specific make and model of aircraft, to include a medical certificate, as applicable, and government-issued photo identification.

b)    Each pilot must hold a SAC or be in the process of being evaluated for the issuance of a SAC when occupying a seat of an aircraft with functional controls for all three axes during aerobatic flight.

c)    Each pilot in command (PIC) must hold a nonaerobatic formation credential when occupying a seat of an aircraft that has functional dual controls for all three axes when in a formation flight during nonaerobatic flight.

d)    A copy of aircraft operating limitations.

e)    A copy of the emergency parachute inspection card.

f)    Performers emergency extraction information.

2)    In the event the ACE/P operation to be conducted contains elements of an external-load operation, whether fixed-wing or rotary-wing operations, pilots used in the operation shall be qualified. This qualification may be obtained through a knowledge test (which may be oral and/or written) and/or skill. The ACE who is qualified to carry loads externally will give the test(s), which are similar to part 133 requirements and cover the following subjects:

a)    Steps to be taken before starting operations, including a survey of the flight area;

b)    Proper method of loading, rigging, or attaching the external load;

c)    Aircraft performance capabilities under ACE/P operating procedures and the Aircraft Flight Manual (AFM);

d)    Proper instructions for flight and ground crew personnel; and

e)    AFM, pilot’s operating handbook (POH), or a rotorcraft-load combination flight manual and limitations, if appropriate.

K.    Communications. The ACE/P Operations Manual must contain procedures to provide communications capability to all participants during the actual ACE/P operations. The communications must be able to keep all the participants apprised of the current status of the ACE/P operation, including transient aircraft when ACE/P operations are conducted at an uncontrolled airport, or outside an area subject to ATC.

L.    Accident Notification. The ACE/P Operations Manual must contain procedures for the notification and reporting of accidents, notifying the National Transportation Safety Board (NTSB) under Title 49 of the Code of Federal Regulations (49 CFR) part 830, and the protection of the accident scene, as well as the notification of the RAES and NAES.

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

N.    Aerobatic Competency. The ACE/P Operations Manual must state that a SAC holder can only be evaluated by the ACE or practice their air show performance in a controlled environment that simulates the air show aerobatic box or flying display area. The Operations Manual must state if a pilot is in the process of being evaluated by an ACE for the issuance of a SAC. It must also state where the list of authorized ACEs is located. For operations requiring the issuance of FAA Form 8710‑7 or TC Form 26‑0307, see Volume 5, Chapter 9, Section 1, Issue/Renew/Rescind a Statement of Acrobatic Competency.

O.    Minimum Required Weather. This section must identify the minimum weather requirements permitted under a specific CoW, before ACE/P operations may be conducted. Section 91.155 is not waivable for ACE/P operations unless operating within the lateral boundaries of Class D Airspace.

P.    Special Provisions. This appendix is a list of all special provisions that are authorized to be used under the ACE/P CoW, at any proposed site where ACE/P operations could take place. A complete current listing of FAA-approved ACE/P special provisions authorized to be incorporated in the ACE/P Operations Manual can be located on the FAA National Aviation Events Program website at http://www.faa.gov/about/initiatives/airshow/waiver.

3-240    PREPARING FAA FORM 7711‑2. Pertinent blocks are discussed below for clarity and uniformity. The reviewing office will accept strikeovers that are minor in nature and initialed by the applicant on FAA Form 7711‑2.

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

B.    Block 3—Permanent Mailing Address of Organization. The applicant should indicate the permanent mailing address of the organization named in block 1 or the individual named in block 2.

C.    Block 4. N/A should be entered. Applies only to banner tow operations.

D.    Block 5. N/A should be entered. Applies only to banner tow operations.

E.    Block 6—FAR Section and Number to be Waived. For ACE/P operations, the applicant will list only those regulations applicable to aviation events and aerobatic practice areas (APA) listed in § 91.905. See Figure 3‑351 for a listing of ACE/P waivable regulations.

F.    Block 7—Description of Proposed Operation. The following verbiage is sufficient for the applicant: “Aerobatic Competency Evaluation/Practice Operations conducted in accordance with this CoW and the attached, accepted ACE/P Operations Manual, and operations conducted at the specific site, by pilots and aircraft listed in the required Plan of Activities.”

G.    Block 8—Area of Operation. The area in which the ACE/P CoW may be utilized. For ACE/P operations, “Continental United States, including Alaska and Hawaii,” is appropriate.

H.    Block 9—Beginning/Ending Dates and Hours. The dates requested for the effective dates must not exceed 36 calendar-months. The hours are not required.

I.    Block 10—Aircraft and Pilot Information. When FAA Form 7711‑2 for authorization of ACE/P operations is submitted, the ACE/P Operations Manual must include the names of the ACEs authorized to commence ACE/P operations under this CoW. Specific pilots and the aircraft to be used in a particular operation site will be listed in the POA for each specific ACE/P operations site. The application may be accepted with a notation in block 10 or the “Remarks” block that a list of pilots and aircraft for any particular ACE/P operations must be provided as part of the required POA.

J    Block 11—Sponsorship. Do not complete.

K.    Block 12—Permanent Mailing Address of Sponsor. Do not complete.

L.    Block 13—Policing. For ACE/P operations, this information will be contained in the ACE/P Operations Manual, not on this form.

M.    Block 14—Emergency Facilities. For ACE/P operations, this information will be contained in the POA, not on this form.

N.    Block 15—Air Traffic Control. For ACE/P operations, this information will be contained in the ACE/P Operations Manual, not on this form.

O.    Block 16—Schedule of Events. Do not complete.

P.    Block 17—Certification. Ensure that the responsible person has signed and dated the application.

3-241    PREPARING THE POA. The ACE/P Operations Manual must include procedures for an authorized ACE to submit, 10 business-days before scheduled operations, a written POA to the local FSDO having jurisdiction over the area of proposed operations for the purpose of notification of planned ACE/P operations. The 10-business-day notification may be reduced to no less than 3 days with the concurrence of the jurisdictional FSDO. Justification of the exception to the 10-day requirement, acceptable to the jurisdictional FSDO, is required. This exception should not be requested for the initial POA submitted to the FSDO. ACE/P operations (actual operations, not scheduled operations) may not be conducted for more than 3 consecutive days and no more than 12 days in a 30-day period, at any one location. The POA (see Figure 3-344) must include at least the following:

·    Dates and times for all flights.

·    Name and phone number of the authorized ACE responsible for the ACE/P operations.

·    Name and phone number of the authorized ACE responsible for the aircraft.

·    Make, model, and serial or N-number of aircraft to be used and type of airworthiness certificate, including category.

·    Name and certificate number of pilots participating in the ACE/P operations, including any notation of external-load endorsements or aerobatic competency, if required.

·    A statement that the ACE/P CoW holder has coordinated with property owners (if ACE/P operations are to be conducted over private property) and coordinated with local officials (e.g., airport manager, police, sheriff, fire departments, and ATC) planned activity to conduct the ACE/P operations; and documentation, to include contact information, for property owners (if applicable), ATC, airport management, and Flight Service Station (FSS) showing they have each been coordinated with, and Notices to Airmen (NOTAM) have been requested.

·    Signature of the ACE/P CoW holder or representative.

·    List of specific special provisions derived from the special provisions listed in the ACE/P Operations Manual that apply to this specific location and the ACE/P operations to be conducted under this POA.

·    A copy of the signed ACE/P CoW and associated ACE/P Operations Manual.

·    A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which ACE/P operations will be conducted and the minimum altitudes essential to accomplish the operations.

·    Information about emergency facilities.

NOTE:  The POA may be submitted as a hardcopy, although electronic submissions are preferred.

3-242    PREREQUISITES AND COORDINATION REQUIREMENTS.

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

B.    Coordination. This task may require coordination with the airworthiness unit within the FSDO, other FSDOs, Regional Offices (RO), headquarters (HQ), the Aircraft Maintenance Division (AFS-300), appropriate air traffic facilities, and AFS-800.

3-243    REFERENCES, FORMS, AND JOB AIDS.

A.    References (current editions):

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

·    Program Tracking and Reporting Subsystem (PTRS) Procedures Manual (PPM).

·    Volume 3, Chapter 6, Section 1, Issue a Waiver or Authorization for an Aviation Event.

B.    Forms:

·    FAA Form 7711‑1, Certificate of Waiver or Authorization (Figure 3-343).

·    FAA Form 7711‑2, Application for Certificate of Waiver or Authorization (see Figure 3-342).

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

·    TC Form 26-0307, Statement of Aerobatic Competency.

C.    Job Aids. Sample letters and figures:

·    Sample Letter of Disapproval of an Application (Figure 3-345).

·    Sample Letter of Nonacceptance of an ACE/P Operations Manual (Figure 3-346).

·    Sample Letter of Acceptance of an ACE/P Operations Manual (Figure 3-347).

·    Sample Aircraft Status and Inspection Form (Figure 3-348).

·    ACE/P Checklist—Required Documents Aircraft (Figure 3-349).

·    ACE/P Checklist—Required Documents Performer (Figure 3-350).

·    ACE/P Regulations Waived (Figure 3-351).

3-244    PROCEDURES—AFS-800.

A.    Determine if FAA Form 7711‑1 is Required. See subparagraph 3-238A, Purpose of the ACE/P CoW.

1)    If FAA Form 7711‑1 is not required, terminate the task.

2)    If FAA Form 7711‑1 is required:

a)    Direct the applicant to http://www.faa.gov/about/initiatives/airshow/waiver for a current FAA Form 7711‑2 and the location of the FAA Standard Special Provisions for inclusion in the ACE/P Operations Manual Special Provisions Appendix (see paragraph 3‑241 and Figure 3‑344).

b)    Advise the applicant to complete blocks 1 through 10 and 17, as applicable, on FAA Form 7711‑2, and refer to the instructions listed in paragraph 3-240, Preparing FAA Form 7711‑2.

c)    Advise the applicant that the application must be submitted to AFS-800 at least 90 days prior to the first date ACE/P operations are to commence.

B.    Open a PTRS Record.

C.    Receipt of FAA Form 7711‑2 and ACE/P Operations Manual. Using the information provided by the applicant and the background in the ACE/P Operations Manual, review FAA Form 7711‑2, the ACE/P Operations Manual, and Special Provisions Appendix for all pertinent information for the proposed ACE/P operations. Accept strikeovers that are minor in nature and initialed by the applicant. Discrepancies can be modified through electronic media or written correspondence by asking the applicant to make the corrections on the application. When absolutely necessary, corrections can be made to FAA Form 7711‑2, if documented via electronic media, record of telephone conversation, or written correspondence, and attached with the instructions for changes from the applicant authorizing a change. Refer to paragraph 3‑240 as a guide for reviewing the completed form.

D.    Incomplete FAA Form 7711‑2. If FAA Form 7711‑2 has not been completed:

1)    List the reasons for disapproval in the “Remarks” block of FAA Form 7711‑2.

2)    Prepare a letter of disapproval of application (see Figure 3‑345) with a suspense date for submission of a corrected FAA Form 7711‑2.

3)    Retain a copy of the application for future comparison.

4)    Return the application, ACE/P Operations Manual, and the letter of disapproval to the applicant.

5)    Make appropriate PTRS entries.

E.    Completed FAA Form 7711‑2. If FAA Form 7711‑2 has been completed, ensure that the ACE/P Operations Manual contains the required items (see paragraph 3‑239, Contents of the ACE/P Operations Manual, and Figure 3‑344).

F.    Satisfactory ACE/P Operations Manual. If the ACE/P Operations Manual is satisfactory:

1)    Mark the “Approved” box on FAA Form 7711‑2, and sign and date in the “Action” block of FAA Form 7711‑2;

2)    Prepare a letter of acceptance of the ACE/P Operations Manual (see Figure 3‑348);

3)    Stamp the revision page of the ACE/P Operations Manual as “approved;” and

4)    Prepare FAA Form 7711‑1.

G.    Unsatisfactory ACE/P Operations Manual. If the ACE/P Operations Manual is unsatisfactory:

1)    Contact the applicant and explain areas of the ACE/P Operations Manual that need to be corrected;

2)    Prepare a letter of nonacceptance of the ACE/P Operations Manual (see Figure 3‑346) with a suspense date for submission of the corrected ACE/P Operations Manual;

3)    On FAA Form 7711‑2, mark the “Disapproved” box, list reasons for the disapproval in the “Remarks” section, and sign and date in the “Action” block;

4)    Retain a copy of the ACE/P Operations Manual for future comparison; and

5)    Return the application, one copy of the ACE/P Operations Manual, and the letter of nonacceptance to the applicant.

H.    Complete FAA Form 7711‑1 as Follows (see Figure 3‑343):

1)    Enter the Waiver Holder’s (WH) and responsible person’s names and addresses as they appear in blocks 1 and 2 on the application.

2)    Include a brief summary in the “Operations Authorized” block. Using the verbiage, “Aerobatic Competency Evaluation/Practice (ACE/P) Operations conducted in accordance with this CoW and the FAA-accepted, Recognized Industry Organization ACE/P Manual,” is sufficient for the applicant.

3)    Include in the “List of Waived Regulations by Section and Title” block each specific regulation possibly waived by the FAA. Ensure that the listed regulations correspond to those on FAA Form 7711‑2 or contained in the ACE/P Operations Manual, and conform to § 91.905. Use the following statement, “Regulations listed in the attached FAA-accepted, Recognized Industry Organization ACE/P Manual. See Plan of Activities for specific regulations requested for the ACE/P Operations site.”

4)    In the “Special Provisions” section, insert “1” to “xx” in the applicable blocks. On the back of the FAA Form 7711‑1, add the following special provision: “1. The ACE/P Operations Manual must be attached to this CoW and be available at each ACE/P operations site. The Special Provisions Appendix of the ACE/P Operations Manual is authorized and available for use under this CoW. Only those Special Provisions selected from this list and submitted with the Plan of Activities are authorized at the associated ACE/P operations site.” Check “See Attached” box.

5)    Attach any additional pages to the CoW.

6)    The AFS-830 manager or their designated representative must sign FAA Form 7711‑1.

7)    Attach to FAA Form 7711‑1 a copy of FAA Form 7711‑2 and its supporting documents.

8)    Distribute and file FAA Forms 7711‑1, 7711‑2, and associated ACE/P Operations Manual as follows:

a)    Place a copy of both forms and associated ACE/P Operations Manual in the FSDO file.

b)    Return the original of both forms and associated ACE/P Operations Manual to the applicant. Send electronically and via mail.

I.    AFS‑800 File.

1)          Prepare an AFS‑800 file for the applicant for an ACE/P CoW that includes, but is not limited to, copies of the following documents, as applicable:

·    FAA Form 7711‑1;

·    FAA Form 7711‑2;

·    ACE/P Operations Manual containing the Special Provisions Appendix;

·    Letter of disapproval of application (FAA Form 7711‑2), letter of nonacceptance of the ACE/P Operations Manual, or letter of acceptance of the ACE/P Operations Manual; and

·    Any other documents of correspondence.

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

·    FAA Form 7711‑1 and FAA Form 7711‑2;

·    ACE/P Operations Manual containing the Special Provisions Appendix; and

·    Letter of acceptance of the ACE/P Operations Manual.

J.    Close the PTRS Record. Make appropriate PTRS entries.

K.    Enhanced Vital Information Database (eVID). Establish an eVID record. Add to eVID noncertificated as a WH, which will need to be validated yearly and inactivated after the ACE/P CoW is canceled or expires.

3-245  PROCEDURES—FSDO.

A.    Aerobatic Competency. After the ACE/P CoW and the associated ACE/P Operations Manual have been issued, only ACEs listed in the ACE/P Operations Manual are authorized to open and close ACE/P operations in accordance with the ACE/P CoW, the associated ACE/P Operations Manual, and the POA. Each pilot must hold a current and valid FAA Form 8710‑7 or TC Form 26-0307 with all necessary aircraft and authorizations listed, or be in the process of being evaluated for the issuance of an FAA Form 8710‑7 or TC Form-26-0307.

B.    Open a PTRS Record.

C.    Review the POA. After the ACE/P CoW and the associated ACE/P Operations Manual have been issued, a POA is submitted to the jurisdictional FSDO located within geographic boundaries of the ACE/P operation. Refer to the information submitted by the responsible ACE, including the ACE/P CoW, ACE/P Operations Manual, and POA.

1)    Ensure the POA is submitted at least 10 business-days prior to scheduled operations unless reduced to a minimum of 3 business-days with the concurrence of the jurisdictional FSDO.

a)    Justification of the exception to the 10-business-day requirement, acceptable to the jurisdictional FSDO, is required. This exception should not be requested for the initial POA coordinated with a FSDO.

b)    Assign an Operations inspector to review the POA for required information for the proposed ACE/P operations (see paragraph 3-241) and review for compliance with the attached ACE/P CoW, ACE/P Operations Manual, and Special Provisions Appendix.

c)    Submitted special provisions are authorized in the Special Provisions Appendix.

d)    The responsible ACE is listed in the ACE/P Operations Manual.

e)    Requested ACE/P operations are authorized in accordance with procedures in the ACE/P Operations Manual.

2)    Document any discrepancies. Coordinate with the responsible ACE that submitted the POA and resolve discrepancies identified.

3)    No further action is necessary if no discrepancies are identified; however, if resources are available, surveillance may be performed at the discretion of the local FSDO manager.

D.    District Office File.

1)    Prepare a FSDO file for the submission of a POA that includes, but is not limited to, copies of the following documents:

·    FAA Form 7711-1;

·    FAA Form 7711‑2;

·    ACE/P Operations Manual containing the Special Provisions Appendix; and

·    Any other documents of correspondence.

E.    Close the PTRS Record. Make appropriate PTRS entries.

3-246  TASK OUTCOMES.

A.    AFS-800. Completion of this task results in one or more of the following:

·    Issuance of an ACE/P operations CoW;

·    An ACE/P Operations Manual;

·    Letter of acceptance of the ACE/P Operations Manual;

·    eVID record; and/or

·    Disapproval of FAA Form 7711‑2 application.

B.    FSDO. Completion of this task results in one or more of the following:

·    Review of requested ACE/P operations to determine if ACE/P operations are authorized in accordance with procedures in the AFS-800 letter of acceptance, ACE/P CoW, and Operations Manual;

·    Surveillance of ACE/P operations at the discretion of the local FSDO manager; and/or

·    Disapproval of ACE/P operations.

3-247  FUTURE ACTIVITIES:

·    Reissue a CoW or cancel a CoW;

·    Review proposed revisions to the ACE/P Operations Manual;

·    Surveillance of any operations approved by the CoW;

·    Possible enforcement investigation;

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

·    Rescind FAA Form 8710‑7 or TC Form 26-0307, or require reevaluation.

 

Figure 3-342.  FAA Form 7711‑2, Application for Certificate of Waiver or Authorization

Figure 3-342. FAA Form 7711-2, Application for Certificate of Waiver or Authorization

Figure 3-342.  FAA Form 7711‑2, Application for Certificate of Waiver or Authorization (Continued)

Figure 3-342. FAA Form 7711-2, Application for Certificate of Waiver or Authorization (continued)

 

Figure 3-343.  FAA Form 7711-1, Certificate of Waiver or Authorization

Figure 3-343. FAA Form 7711-1. Certificate of Waiver or Authorization

Figure 3-343.  FAA Form 7711-1, Certificate of Waiver or Authorization (Continued)

 Figure 3-343. FAA Form 7711-1. Certificate of Waiver or Authorization (Continued)

 

Figure 3-344.  Title 14 CFR Part 91 Aerobatic Competency Evaluation/Practice Operations Manual Development Guide

Each Aerobatic Competency Evaluation/Practice (ACE/P) Operations Manual must contain at least the following items, although it is not restricted to these items:

1.    Operator/Organization Name.

2.    Responsible person: name, address, and telephone number of applicant.

3.    List of designated aerobatic competency evaluators (ACE) authorized to utilize the ACE/P operations Certificate of Waiver (CoW), including their pilot certificate numbers. Include the address and telephone number (cell preferred) of each ACE.

4.    Procedures to require that each individual pilot’s information (those who will actually be using the ACE/P operations area) shall be placed in the Plan of Activities (POA) required for each ACE/P operation. The list must include specific Statement of Aerobatic Competency (SAC) authority to include authorized aircraft, aircraft category, level and endorsements (aerobatic, external-load, etc.), if applicable.

5.    Procedures to require that a list of aircraft includes make, model, serial or registration number. This information is required to be listed in the POA.

6.     Distribution and Revision.

(a)    Procedures for revising the ACE/P Operations Manual, to include the Special Provisions Appendix, to ensure that all manuals are kept current. A List of Effective Pages (LEP) may be appropriate.

(b)    Revisions submitted electronically, via email, or mailed for the ACE/P Operations Manual should be forwarded to the Flight Standards District Office (FSDO) at least 20 days before the proposed effective date.

7.    Persons Authorized. The ACE/P Operations Manual must include procedures to ensure that no persons, except those persons consenting to be involved and necessary for the ACE/P operations, are allowed within 500 feet of the ACE/P Operations.

8.    Area of Operations. The ACE/P Operations Manual must define the area that will be used during the term of the ACE/P CoW (FAA Form 7711-1, Certificate of Waiver or Authorization).

9.    POA. The ACE/P Operations Manual must include procedures for the submission, 10 days prior to scheduled operations, of a written POA, to the FSDO having jurisdiction over the proposed ACE/P operations location. At the discretion of the FSDO with geographic jurisdiction over the area where the ACE/P operations are to take place, the 10-day notification may be reduced to 3 days. Justification of the exception to the 10-day requirement is needed. This should not be authorized for the initial request submitted to the FSDO for review of a POA. The POA must include at least the following:

(a)    Dates and times for all flights.

(b)    Name and phone number of the ACE responsible for the ACE/P operations.

(c)    Make, model, and serial number or registration number of aircraft to be used and type of Certificate of Airworthiness, including category.

(d)    Names, certificate numbers, and a copy of the SAC for pilots involved in the ACE/P operations.

(e)    A statement that coordination with property owners and/or local officials (e.g., airport manager, police, sheriff, fire departments, and air traffic control (ATC)) to conduct the ACE/P operations has been accomplished listing each entity’s contact information.

(f)    Signature of the ACE/P CoW holder or a designated representative.

(g)    A general outline or summary of the flight activity schedule, including maps or diagrams of the specific evaluation/practice location, if necessary.

(h)    Method of security used to protect nonparticipating personnel and spectators.

(i)    Information about emergency facilities in the area.

10.    Coordination. The ACE/P Operations Manual shall specify requirements and procedures that the CoW holder will use to coordinate and document coordination with property owners and/or local officials (e.g., airport manager, police, sheriff, fire departments, and ATC) as appropriate for the conduct of all ACE/P operations performed using the ACE/P CoW (FAA Form 7711-1).

11.    Security. The ACE/P Operations Manual must specify the method of security that will be used to exclude all persons not directly involved with the ACE/P operation from the location. This should also include procedures that will be used to stop activities when unauthorized persons, vehicles, or aircraft enter the ACE/P operations location, or for any other reason, in the interest of safety.

12.    Briefing of Pilot/Ground Personnel. Procedures must be included to brief personnel of the risks involved, emergency procedures, and safeguards to be followed during the ACE/P operations. Personnel will also be briefed on any additional provisions that may be issued by the local FSDO, including the location of boundaries or any other time limits.

13.    Certification/Airworthiness. Procedures must be included to ensure that inspections will be in accordance with Title 14 of the Code of Federal Regulations (14 CFR) parts 43 and 91 and applicable operating limitations. The aircraft to be used may be certificated in any category, including experimental, provided the requirements of part 91, §§ 91.7, 91.9, and 91.203 are met.

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

(a)    A current U.S. Commercial Pilot Certificate with ratings appropriate to the category, class, and type (if applicable) of aircraft to be used under the terms of the CoW.

(b)    Each pilot must hold a current SAC, with authorized aircraft, aircraft category, level, and endorsements listed, or be in the process of being evaluated for the issuance of a SAC.

(c)    In the event the ACE/P operation to be conducted contains elements of an external-load operation, whether fixed-wing or rotary-wing operations, pilots used in the operation shall be qualified. This qualification may be obtained through a knowledge test (which may be oral and/or written) and/or skill. The ACE who is qualified to carry loads externally will give the test(s), which are similar to 14 CFR part 133 requirements and cover the following subjects:

i.    Steps to be taken before starting operations, including a survey of the flight area.

ii.    Proper method of loading, rigging, or attaching the external load.

iii.   Aircraft performance capabilities under the ACE/P Operations Manual and the Aircraft Flight Manual (AFM).

iv.   Proper instructions for flight and ground crew personnel.

v.    AFM, pilot’s operating handbook (POH), or a rotorcraft load combination flight manual and limitations, if appropriate.

15.    Communications. The ACE/P Operations Manual must contain procedures to provide communications capability with all participants during the actual ACE/P operations. The applicant can use oral, visual, or radio communications as long as it keeps the participants continuously apprised of the current status of the operation; however, the primary method of communication will be two-way radio.

16.    Accident Notification. The ACE/P Operations Manual must contain procedures for notification and reporting of accidents.

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

18.    Aerobatic Competency. For operations requiring the issuance of FAA Form 8710‑7 or TC Form 26‑0307, see Volume 5, Chapter 9, Section 1.

19.    Minimum Required Weather. This section must identify the minimum weather requirements permitted under a specific CoW, before ACE/P operations may be conducted. Section 91.155 is not waivable for ACE/P operations, unless operating within the lateral boundaries of Class D Airspace.

20.    Special Provisions—ACE/P Operations Manual. This appendix is a list of all special provisions that could apply during any proposed POA, at any proposed site where ACE/P operations could take place under a specific CoW. A complete listing of FAA-approved ACE/P special provisions authorized to be incorporated in the ACE/P Operations Manual can be located on the FAA National Aviation Events Program website at http://www.faa.gov/about/initiatives/airshow/waiver.

 

Figure 3-345.  Sample Letter of Disapproval of an Application

FAA Letterhead

[Date]

[Applicant’s Name and Address]

Dear [Applicant’s Name]:

This letter informs you that the application you submitted on [indicate date] has been disapproved for the reasons listed in the “Remarks” section of FAA Form 7711‑2, Application for Certificate of Waiver or Authorization.

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

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

Sincerely,

[Principal Operations Inspector’s signature]

 

Figure 3-346.  Sample Letter of Nonacceptance of an ACE/P Operations Manual

FAA Letterhead

[Date]

[Pilot/Operator’s Name and Address]

Dear [Pilot/Operator’s Name]:

This letter informs you that the Aerobatic Competency Evaluation/Practice (ACE/P) Operations Manual submitted on [indicate date] has been determined to be unacceptable for the following reasons:

[List all reasons for nonacceptance]

Please make the corrections noted, and resubmit to this office within 20 days of receipt of this letter.

If you have any questions, please feel free to contact this office during regular business hours at the following telephone number [indicate number].

Sincerely,

[Principal Operations Inspector’s signature]

 

Figure 3-347.  Sample Letter of Acceptance of an ACE/P Operations Manual

FAA Letterhead

[Date]

[Pilot/Operator’s Name and Address]

Dear [Pilot/Operator’s Name]:

This letter informs you that the Aerobatic Competency Evaluation/Practice Operations Manual submitted on [indicate date] has been approved.

A Plan of Activities must be submitted, as outlined in your approved Aerobatic Competency Evaluation/Practice (ACE/P) Operations Manual, to the local Flight Standards District Office (FSDO) having jurisdiction over the area of proposed ACE/P operations.

The Plan of Activities must be submitted at least 10 days before actual evaluation/practice begins, unless a reduction to no less than 3 days is authorized by the FSDO.

If you have any questions, please feel free to contact this office during regular business hours at the following telephone number [indicate number].

Sincerely,

[Principal Operations Inspector’s signature]

 

Figure 3-348.  Sample Aircraft Status and Inspection Form

Aircraft Status and Inspection Form

N-__________ S/N: ____________ Make: _______________ Model: _______________

Inspection

(Check the Inspection that Applies)

Compliance Date & Hours

Next Due

 Annual

 

 

 Condition

 

 

 100 Hour (If Required)

 

 

 Progressive

 

 

 91.411 (Altimeter/Static)

 

 

 91.413 (Transponder)

 

 

 91.207 (ELT Inspection)

 

 

Recurring ADs

Description

Compliance

Date & Hours

Next Due

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Note: Foreign Aircraft - Provide in accordance with SFA and CAA requirements

I certify this information accurately represents the applicable information documented in the aircraft maintenance records and the records were reviewed on this day to verify the inspection and airworthiness directive status of this aircraft. This form is valid until the next inspection or airworthiness directive is due.

Owner/Operator (Print Name): _______________________

Signature: ______________________

Date: ________________

Reference Information:

FAA Order 8900.1 Volume 3, Chapter 6, Section 1, Paragraph 3-145F.

FAA Order 8900.1 Volume 6, Chapter 11, Section 10.

14 CFR Part 91, § 91.715; and

FAA Order 8130.2, Chapter 7.

 

Figure 3-349.  ACE/P Checklist—Required Documents Aircraft

ACE/P Checklist – Required Documents Aircraft

Aircraft Required Documents

Yes

N/A

1)   Copy of airworthiness certificate:

-

2)   Copy of registration certificate:

-

3)   Copy of operating limitations:

4)   Copy of the following current inspections:

·    Annual/100 Hour/Progressive/Condition

·    91.411 (Altimeter/Static)

·    91.413 (Transponder)

·    91.207 (ELT)

·    91.417 (Recurring Airworthiness Directives Status)

Note:  Copy of Aircraft Status and Inspection Form recommended.

-

5)   Copy of program letter:

 

 

6)   Copy of exemption letter to carry passengers for hire:

 

 

7)   Copy of the logbook signoff for aerobatic maneuvers performed, documenting maneuvers were satisfactory accomplished. (Per Operating Limitations for Aircraft with a Special Airworthiness Certificate):

 

 

Note:  Owner/operator must submit a copy of the above mentioned documents, if applicable. Electronic copy recommended.

Aircraft Documentation Requirement References:

1: 14 CFR Part 91, § 91.203.

2: 14 CFR Part 91, § 91.203.

3: FAA Order 8130.2, Chapter 4, Special Airworthiness Certification.

4: 14 CFR Part 91, §§ 91.411, 91.413, 91.207, and 91.417.

5: FAA Order 8900.1 Volume 3, Chapter 6, Section 1, Paragraph 3-145F, Figure 3-38; and

FAA Order 8130.2, Chapter 4, Special Airworthiness Certification.

6: Reference Exemption Letter issued to the operator.

7: FAA Order 8130.2, Chapter 4, Special Airworthiness Certification.

February 2015 Rev 0

 

Figure 3-350.  ACE/P Checklist—Required Documents Performer

ACE/P – Performer Document Requirements Checklist

Performer Required Documents

Yes

N/A

1) Copy of pilot certificate:

 

-

2) Copy of medical certificate:

 

-

3) Copy of government photo ID:

 

-

4) Copy of the Statement of Aerobatic Competency (SAC):

 

 

5) Copy of the industry formation card for non-aerobatic pilots:

 

 

6) Copy of Special Flight Authorization (SFA):

 

 

7) Copy of aircraft operating limitations:

 

 

8) Copy of the emergency parachute inspection card:

 

 

9) Performer’s emergency extraction information:

 

 

Note:  Ensure the performer submit a copy of the above mentioned documents, if applicable.

Performer Required Documents References:

1: 14 CFR Part 61, § 61.3(a)(1) or (b).

2: 14 CFR Part 61, § 61.3(c).

3: 14 CFR Part 61, § 61.3(a)(2); and FAA Order 8900.1 Volume 6, Chapter 11, Section 10.

4: FAA Order 8900.1 Volume 6, Chapter 11, Section 10; and

FAA Order 8900.1 Volume 5, Chapter 9, Section 2, Paragraph 5-1578B3).

5: FAA Order 8900.1 Volume 3, Chapter 6, Section 1, Paragraph 3-145A1).

6: FAA Order 8900.1 Volume 3, Chapter 6, Section 1, Paragraph 3-145E.

7: FAA Order 8900.1  Volume 3, Chapter 6, Section 1, Paragraph 3-145A2).

8: FAA Order 8130.2, Chapter 4, Special Airworthiness Certification; and

14 CFR Part 105, § 105.43.

9: FAA Order 8900.1 Volume 3, Chapter 6, Section 1.

 

Figure 3-351.  ACE/P 14 CFR Regulations Waived

Section 91.9(b), Civil Aircraft Flight Manual, Marking and Placard Requirements, is waived to allow International Aerobatic Club (IAC) members to participate in this IAC aerobatic competition, operating a U.S.‑registered civil aircraft, without carrying the approved Airplane Flight Manual in the aircraft in accordance with the conditions and limitations set forth in FAA Exemption No. 10159B, dated March 11, 2014.

Section 91.117(a), Aircraft Speed, is waived to allow participating aircraft to operate below 10,000 feet mean sea level (MSL) at an indicated airspeed in excess of 250 knots (288 mph).

Section 91.117(b), Aircraft Speed, is waived to allow participating aircraft to operate within Class C or D Airspace at a speed in excess of 200 knots (230 mph).

Section 91.117(c), Aircraft Speed, is waived to allow participating aircraft to operate beneath Class B Airspace at a speed in excess of 200 knots (230 mph).

Section 91.119(c), Minimum Safe Altitudes, Over other than Congested Areas, is waived to allow flight within the boundaries of the waiver area below 500 feet above the surface and less than 500 feet from persons or property, applicable only for non-aerobatic flight, while temporarily exiting or returning to the operating area, only if unoccupied structures are involved or to allow participating personnel, vehicles, or vessels to be positioned closer than 500 feet from the performing aircraft.

Section 91.121(a), Altimeter Settings, is waived to allow each person operating an aircraft in waivered airspace to determine their own altimeter setting.

Section 91.126(b)(1), Operating On or In the Vicinity of an Airport in Class G Airspace, Direction of Turns, is waived to permit operations in waivered airspace without adhering to established traffic patterns.

Section 91.126(d), Operating On or In the Vicinity of an Airport in Class G Airspace, Communications with Control Towers, is waived to permit participating aircraft to operate within Class G/waivered airspace via appropriate communications with the official air show control point. Except when otherwise authorized by agreement between the air traffic control tower (ATCT) and the waiver holder, the usual required communications for arrival and departure at a tower-controlled airport still apply.

Section 91.127(b), Operating On or In the Vicinity of an Airport in Class E Airspace, Departures, is waived to permit operations in waivered airspace without adhering to published traffic patterns.

Section 91.127(c), Operations On or In the Vicinity of an Airport in Class E Airspace, Communications with Control Towers, is waived to allow participating aircraft to operate within Class E/waivered airspace via appropriate communications with the official air show control point. Except when otherwise authorized by agreement between the ATCT and the waiver holder, the usual required communications for arrival and departure at a tower-controlled airport still apply.

Section 91.129(c), Operations in Class D Airspace, Communications, is waived to allow participating aircraft to operate within Class D/waivered airspace via appropriate communications with the official air show control point. Except when otherwise authorized by agreement between the ATCT and the waiver holder, the usual required communications for arrival and departure at a tower controlled airport still apply.

Section 91.129(e), Operations in Class D Airspace, Minimum Altitudes when Operating to an Airport in Class D Airspace, is waived to allow large or turbine-powered aircraft to operate below 1,500 feet at the discretion of the pilot in command (PIC).

Section 91.129(f), Operations in Class D Airspace, Approaches, is waived to allow participating aircraft to operate in Class D/waivered airspace without circling to the left.

Section 91.129(g), Operations in Class D Airspace, Departures, is waived to allow participating aircraft to operate in Class D/waivered airspace without departing via established procedures.

Section 91.129(h), Operations in Class D Airspace, Noise Abatement, is waived to allow participating aircraft to operate in Class D/waivered airspace to allow large or turbine-powered aircraft operate below 1,500 feet without using established noise abatement runways.

Section 91.129(i), Operations in Class D Airspace, Takeoff, Landing, Taxi Clearance, is waived to allow participating aircraft to operate in Class D/waivered airspace via appropriate communications with the official air show control point. Except when otherwise authorized by agreement between the ATCT and the waiver holder, the usual required communications for arrival and departure at a tower-controlled airport still apply.

Section 91.130(b), Operations in Class C Airspace, Traffic Patterns, is waived to allow participating aircraft to operate in Class C/waivered airspace without adhering to FAA arrival and departure traffic patterns.

Section 91.130(c), Operations in Class C Airspace, Communications, is waived to allow participating aircraft to operate in Class C/waivered airspace via appropriate communications with the official air show control point. Except when otherwise authorized by agreement between the ATCT and the waiver holder, the usual required communications for arrival and departure at a tower-controlled airport still apply.

Section 91.130(d), Operations in Class C Airspace, Equipment Requirements, is waived to allow participating aircraft to operate in Class C/waivered airspace without adhering to the applicable equipment requirements specified in § 91.215.

Section 91.131(a)(1), Operations in Class B Airspace, Operating Rules, is waived to permit operations in Class B/waivered airspace without obtaining specific ATC clearance to enter that airspace.

Section 91.131(c), Operations in Class B Airspace, Communication and Navigation Equipment Requirements, is waived to permit operations in Class B/waivered airspace without adhering to certain equipment requirements.

Section 91.151(a)(1), Fuel Requirements for Flight in VFR Conditions, is waived to allow IAC members to participate in this IAC aerobatic competition without meeting the fuel requirements for VFR flight, in accordance with the Conditions and Limitations of FAA Exemption No. 10159B, dated March 11, 2014.

Section 91.303(c), Aerobatic Flight, is waived to allow aerobatic flight within surface areas of Class B, C, D, or E Airspace.

Section 91.303(d), Aerobatic Flight, is waived to allow aerobatic flight within 4 nautical miles of the centerline of any Federal airway.

Section 91.303(e), Aerobatic Flight, is waived to allow aerobatic flight below 1,500 feet above ground level (AGL).

Section 91.515(a)(1), Flight Altitude Rules, is waived to allow flight below 1,000 feet above the surface, in wavered airspace by large turbine-powered multiengine aircraft.

RESERVED. Paragraphs 3-248 through 3-260.