FAA Notice of Change: Policy Regarding Civil Aircraft Operators Providing Contract Support to Government Entities

March 24, 2011 at 11:25 am | Posted in Aviation Law Current Event | Leave a comment

by Sara M. Langston with the blog faculty

Source: Federal Register

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Chapter 1

Notice of Policy Regarding Civil Aircraft Operators Providing
Contract Support to Government Entities (Public Aircraft Operations)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notification of policy change; request for comments.

———————————————————————–

SUMMARY: This notice states the Federal Aviation Administration’s (FAA)
policy pertaining to civil aircraft operators that provide contract
support to government entities.

DATES: Comments must be received before April 22, 2011.

ADDRESSES: This is a statement of policy only. We are accepting
comments concerning the implementation of this policy only from
government entities via e-mail at PublicAircraft@faa.gov.

FOR FURTHER INFORMATION CONTACT: Monica C. Buenrostro, General Aviation
and Commercial Division, Flight Standards Service, AFS-800, Federal
Aviation Administration, 800 Independence Avenue, SW., Washington, DC
20591; telephone: (202) 267-8212; e-mail: monica.c.buenrostro@faa.gov.

SUPPLEMENTARY INFORMATION: Title 49 of the United States Code (U.S.C),
section 40102 (a)(41) provides the definition of “Public Aircraft”
and Title 49 U.S.C 40125 provides the Qualifications for Public
Aircraft Status. These statutory provisions provide the legal basis for
public aircraft operations in the United States.
The FAA recognizes that these statutory provisions are difficult to
apply to aircraft operations conducted by civil contractors for
government entities. The FAA is therefore clarifying its policy toward
these operators by better defining the responsibilities of the parties
affected by these contracts.
Public Aircraft Operation is limited by the statute to certain
government operations within U.S. airspace. Although these operations
must comply with certain general operating rules (including those
applicable to all aircraft in the National Airspace System), other
civil certification and safety oversight regulations do not apply.
Whether an operation may be considered public is determined on a
flight-by-flight basis, under the terms of the statute (49 U.S.C 40102
and 49 U.S.C 40125) and considers aircraft

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ownership, operator, the purpose of the flight and the persons on board
the aircraft. [Full Notice]