
[Federal Register Volume 76, Number 56 (Wednesday, March 23, 2011)]
[Proposed Rules]
[Pages 16349-16350]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6894]


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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.

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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

[[Page 16350]]

ownership, operator, the purpose of the flight and the persons on board 
the aircraft.

FAA Policy

     Public aircraft status is not an ``automatic'' status 
granted by the existence of a contract between a civil operator and a 
government agency.
     The FAA considers ALL contracted operations to be civil 
aircraft operations, unless:
     The contracting government entity provides the operator 
with a written declaration (from the contracting officer or higher-
level official) of public aircraft status for designated, qualified 
flights;
     The contracted operator notifies the FAA Flight Standards 
District Office (FSDO) having oversight of the operator (or the 
operation, as appropriate) that it has contracted with a government 
entity to conduct ``eligible'' public aircraft operations;
     The contracted operator submits the written declaration to 
the FSDO with jurisdiction having oversight;
     The flight(s) in question are determined to be legitimate 
public aircraft operations under the terms of the statute; and
     The declaration is made in advance of the proposed public 
aircraft flight.
     To implement this policy and collect data, the FSDO having 
oversight of the contracted operator will record receipt of these 
declarations by electronic means.
    Contracted government entities are cautioned that public aircraft 
operations performed by civil operators create a significant transfer 
of liability to the contracting government entity, and that FAA 
oversight ceases.
    Civil operators are cautioned that unless there is a declaration of 
public aircraft status, all operations must be conducted in accordance 
with all applicable civil aviation regulations, and that the FAA 
retains oversight and enforcement authority for any deviation from the 
provisions of Title 14 of the Code of Federal Regulations (14 CFR). 
Operators are also cautioned that it is their responsibility to refuse 
a contract to perform operations that violate 14 CFR if they cannot 
ensure that the government entity offering the contract has declared 
that operation as a public aircraft operation and that such flight 
meets the public aircraft eligibility requirements as outlined in the 
statute.
    The FAA is revising Advisory Circular 00.1-1, Government Aircraft 
Operations, and FAA Order 8900.1, Flight Standards Information 
Management System. These revisions will more fully address public 
aircraft policy issues and implementation.
    Government entities with experience using civil operators under 
contract are invited to share their experience and suggestions 
concerning implementation of this policy. Government entities may 
submit comments to PublicAircraft@faa.gov to be considered as the FAA 
continues to refine the public aircraft operations policy.

    Issued in Washington, DC, on March 17, 2011.
John W. McGraw,
Acting Director, Flight Standards Service.
[FR Doc. 2011-6894 Filed 3-22-11; 8:45 am]
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