Moratorium on New Exemptions for Passenger Carrying Operations Conducted for Compensation and Hire in Other Than Standard Category Aircraft, 16239-16240 [2011-6712]
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Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Rules and Regulations
agency, or instrumentality of the United
States Government with the approval of
the FAA, or by an exemption issued by
the Administrator. The FAA will
process requests for approval or
exemption in a timely manner, with an
order of preference first for those
operations in support of U.S.
government-sponsored activities,
second for those operations in support
of government-sponsored activities of
another State with the support of a U.S.
government agency, and third for all
other operations.
(2) Flight operations are coordinated
with any mechanism established by
paragraph 8 of U.N. Security Council
Resolution 1973 (2011).
(d) Emergency situations. In an
emergency that requires immediate
decision and action for the safety of the
flight, the pilot in command of an
aircraft may deviate from this section to
the extent required by that emergency.
Except for U.S. air carriers and
commercial operators that are subject to
the requirements of 14 CFR parts 119,
121, 125, or 135, each person who
deviates from this section must, within
10 days of the deviation, excluding
Saturdays, Sundays, and Federal
holidays, submit to the nearest FAA
Flight Standards District Office a
complete report of the operations of the
aircraft involved in the deviation,
including a description of the deviation
and the reasons for it.
(e) Expiration. This Special Federal
Aviation Regulation will remain in
effect for 3 years from the effective date.
The FAA may amend, rescind, or extend
this Special Federal Aviation Regulation
as necessary.
Issued in Washington, DC on March 20,
2011.
J. Randolph Babbitt,
Administrator.
[FR Doc. 2011–6942 Filed 3–21–11; 4:15 pm]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
erowe on DSK5CLS3C1PROD with RULES
14 CFR Parts 91 and 119
Moratorium on New Exemptions for
Passenger Carrying Operations
Conducted for Compensation and Hire
in Other Than Standard Category
Aircraft
Federal Aviation
Administration (FAA), DOT.
ACTION: Policy statement.
AGENCY:
This document announces a
temporary moratorium on new requests,
SUMMARY:
VerDate Mar<15>2010
15:27 Mar 22, 2011
Jkt 223001
or changes to exemptions from certain
sections of Title 14, Code of Federal
Regulations (14 CFR) for the purpose of
carrying passengers for compensation or
hire on Living History Flight
Experiences (LHFE). It explains the
history of these exemptions and the
reason for the temporary moratorium.
DATES: This moratorium becomes
effective on March 23, 2011.
FOR FURTHER INFORMATION CONTACT:
Raymond Stinchcomb, General Aviation
and Commercial Division, General
Aviation Operations Branch (AFS–830),
Flight Standards Service, FAA, 800
Independence Avenue, SW.,
Washington, DC 20591; telephone (202)
267–8212.
SUPPLEMENTARY INFORMATION:
Background
In 1996, the FAA granted an
exemption from various requirements of
part 91 and part 119 to an aviation
museum/foundation allowing the
exemption holder to operate a large,
crew-served, piston-powered,
multiengine, World War II (WWII)
bomber carrying passengers for the
purpose of preserving U.S. military
aviation history. In return for donations,
the contributors would receive a local
flight in the restored bomber. Without
these contributions, the petitioner
asserted that the cost of operating and
maintaining the airplane would be
prohibitive.
The FAA determined that these
airplanes were operated under a limited
and experimental category
airworthiness certificate. Without type
certification under Title 14 Code of
Federal Regulations (14 CFR) § 21.27,
they are not eligible for standard
airworthiness certificates. The high cost
of type certification under § 21.27 makes
this avenue impractical for operators
providing living history flights.
Comparable airplanes manufactured
under a standard airworthiness
certificate did not exist. Thus, the FAA
determined that an exemption was an
appropriate way to preserve aviation
history and keep the airplanes
operational. In granting the exemption,
the FAA found there was an
overwhelming public interest in
preserving U.S. aviation history, just as
the preservation of historic buildings,
historic landmarks, and historic
neighborhoods have been determined to
be in the public interest. While aviation
history can be represented in static
displays in museums, in the same way
historic landmarks could be represented
in a museum, the public has shown
support for and a desire to have these
historic aircraft maintained and
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
16239
operated to allow them to experience
flight in these aircraft.
A 2004 policy explicitly limited the
scope of LHFE exemptions to WWII or
earlier vintage airplanes. The reasons
enumerated in the statement addressed
both public interest (e.g. the unique
opportunity to experience flight in a B–
17 or B–24 while such aircraft can still
be safely maintained) and public safety
(i.e. older and slower multiengine
airplanes allow time for appropriate
corrective measures in the event of an
in-flight emergency and such crews
must meet FAA qualifications and
training requirements). The FAA stated
that the agency did not believe it
prudent to grant exemptions from the
FAA regulations to operators of
supersonic jets.
In response to numerous requests to
expand the scope of the exemptions, the
FAA requested comments on a proposed
policy in 2006, and subsequently
published a new policy on October 9,
2007 (72 FR 57196).
The 2007 policy statement agreed to
consider any request for exemption for
passenger-carrying flights in nonstandard category aircraft, especially
former military turbine-engine-powered
aircraft, on a case-by-case basis. For
petitioners intending to operate
experimental exhibition, surplus foreign
or domestic aircraft, and/or turbojet or
turbine-powered aircraft, it stated that
the FAA would closely examine the
proposed operation with respect to
safety of flight, passenger safety
considerations, and safety of the nonparticipating public during the
operational period and within the
operational area before approving a
LHFE exemption. Other criteria
included passenger/crew egress,
emergency egress systems such as
ejection seats, documentation or
statistical make and model operational
history, historical significance of the
particular aircraft, maintenance history,
operational failure modes, and aging
aircraft factors. The 2007 policy also
observed that some of the aircraft in
question are complex in nature,
requiring special skills to operate safely,
and that military equipment such as
ejection seat systems can pose
additional risk to aircraft occupants,
ground personnel, and non-participating
bystanders on the ground.
Also in the 2007 statement, the FAA
cautioned that those requesting an
exemption from a particular standard or
set of standards must demonstrate that
(1) there is an overriding public interest
in providing a financial means for a
non-profit organization to continue to
preserve and operate these historic
aircraft, and (2) adequate measures
E:\FR\FM\23MRR1.SGM
23MRR1
16240
Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Rules and Regulations
(including all conditions and limitations
stipulated in the exemption) will be
taken to ensure safety. The FAA further
stated that ‘‘operations authorized under
these exemptions are specifically not air
tour, sightseeing, or air carrier
operations’’ and that the agency ‘‘in
determining the public interest derived
in any grant of exemption of this nature,
will take into consideration the number
of existing operational aircraft and
petitioners available to provide the
historic service to the public.’’
Consistent with the 2007 policy
statement, the FAA has accommodated
several industry requests to allow
operation of more modern-day military
jet aircraft (e.g., the McDonnell Douglas
F–4 Phantom and the McDonnellDouglas A–4 Skyhawk) under the LHFE
policy. To ensure safety, there are over
45 conditions and limitations the
exemption holder must comply with in
order to operate under the provisions of
the exemption. The FAA has found,
however, that operators have sometimes
misinterpreted these conditions and
limitations as permitting operations that
the FAA did not contemplate or intend.
FAA Policy
The evolution of LHFE operations in
the private sector, along with
availability of newer and more capable
former military aircraft, has raised
public safety and public policy concerns
that the FAA needs to assess.
Accordingly, the FAA is placing a
moratorium on the issuance of any new
LHFE exemptions, including addition of
new aircraft to current exemptions.
Current LHFE exemption holders can
continue to operate under their current
exemption. If the exemption is due to
expire during the moratorium, the FAA
will accept and process petitions to
extend current exemptions in
accordance with the established
regulatory exemption process. If a
change is required (i.e. removal of an
aircraft) the FAA will accept these
changes in accordance with the
regulatory processes. Additionally,
during the moratorium, as petitioners
request extensions to their LHFE
exemption, the FAA will add the
following clarifying limitations to all
LHFE exemptions to ensure consistent
application of current LHFE policy: 1.
Passengers are prohibited from
manipulating the aircraft flight controls
when the aircraft is operated under the
LHFE exemption, and 2. No aerobatics
may be performed in the aircraft while
operating under the LHFE exemption.
Finally, the FAA will begin its
evaluation of the current LHFE
exemption policies and practices, to
include evaluation of safety to the
paying members of the public who have
an expectation of aircraft safety and who
may not understand the inherent risks
associated with such flight. The FAA
expects to publish a new proposed
LHFE policy for comment on or before
September 30, 2012.
Issued in Washington, DC, on March 15,
2011.
John W. McGraw,
Acting Director, Flight Standards Service.
[FR Doc. 2011–6712 Filed 3–22–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Reliability Standards were submitted to
the Commission for approval by the
North American Electric Reliability
Corporation (NERC), which the
Commission has certified as the Electric
Reliability Organization responsible for
developing and enforcing mandatory
Reliability Standards. The Reliability
Standards were designed to prevent
instability, uncontrolled separation, or
cascading outages that adversely impact
the reliability of the interconnection by
ensuring that the reliability coordinator
has the data necessary to assess its
reliability coordinator area during the
operations horizon and that it takes
prompt action to prevent or mitigate
instances of exceeding Interconnection
Reliability.
Operating Limits. The Commission
also approves the addition of two new
terms to the NERC Glossary of Terms.
In addition, the Commission approves
NERC’s proposed revisions to Reliability
Standards EOP–001–1, IRO–002–2,
IRO–004–2, IRO–005–3, TOP–003–1,
TOP–005–2, and TOP–006–2, which
remove requirements for the reliability
coordinator to monitor and analyze
system operating limits other than
interconnection reliability operating
limits.
Effective Date: This Rule will
become effective May 23, 2011.
FOR FURTHER INFORMATION CONTACT:
Darrell Piatt (Technical Information),
Office of Electric Reliability, Division of
Reliability Standards, Federal Energy
Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
Telephone: (202) 502–6687.
A. Cory Lankford (Legal Information),
Office of the General Counsel, Federal
Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
Telephone: (202) 502–6711.
William Edwards (Legal Information),
Office of the General Counsel, Federal
Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
Telephone: (202) 502–6669.
SUPPLEMENTARY INFORMATION:
DATES:
18 CFR Part 40
[Docket No. RM10–15–000; Order No. 748]
Mandatory Reliability Standards for
Interconnection Reliability Operating
Limits
Federal Energy Regulatory
Commission, DOE.
ACTION: Final rule.
AGENCY:
Under section 215 of the
Federal Power Act, the Federal Energy
Regulatory Commission (Commission)
approves three new Interconnection
Reliability Operations and Coordination
Reliability Standards and seven revised
Reliability Standards related to
Emergency Preparedness and
Operations, Interconnection Reliability
Operations and Coordination, and
Transmission Operations. These
SUMMARY:
Table of Contents
erowe on DSK5CLS3C1PROD with RULES
Paragraph
Nos.
I. Background ............................................................................................................................................................................................
A. Mandatory Reliability Standards ..........................................................................................................................................
B. Order No. 693 Directives ......................................................................................................................................................
C. NERC Petition ........................................................................................................................................................................
1. IRO–008–1 ................................................................................................................................................................
2. IRO–009–1 ................................................................................................................................................................
3. IRO–010–1a ..............................................................................................................................................................
D. Notice of Proposed Rulemaking ...........................................................................................................................................
II. Discussion ............................................................................................................................................................................................
A. Division of Responsibilities for SOLs and IROLs ...............................................................................................................
VerDate Mar<15>2010
15:27 Mar 22, 2011
Jkt 223001
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4
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]]>Agencies
[Federal Register Volume 76, Number 56 (Wednesday, March 23, 2011)]
[Rules and Regulations]
[Pages 16239-16240]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6712]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 91 and 119
Moratorium on New Exemptions for Passenger Carrying Operations
Conducted for Compensation and Hire in Other Than Standard Category
Aircraft
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Policy statement.
-----------------------------------------------------------------------
SUMMARY: This document announces a temporary moratorium on new
requests, or changes to exemptions from certain sections of Title 14,
Code of Federal Regulations (14 CFR) for the purpose of carrying
passengers for compensation or hire on Living History Flight
Experiences (LHFE). It explains the history of these exemptions and the
reason for the temporary moratorium.
DATES: This moratorium becomes effective on March 23, 2011.
FOR FURTHER INFORMATION CONTACT: Raymond Stinchcomb, General Aviation
and Commercial Division, General Aviation Operations Branch (AFS-830),
Flight Standards Service, FAA, 800 Independence Avenue, SW.,
Washington, DC 20591; telephone (202) 267-8212.
SUPPLEMENTARY INFORMATION:
Background
In 1996, the FAA granted an exemption from various requirements of
part 91 and part 119 to an aviation museum/foundation allowing the
exemption holder to operate a large, crew-served, piston-powered,
multiengine, World War II (WWII) bomber carrying passengers for the
purpose of preserving U.S. military aviation history. In return for
donations, the contributors would receive a local flight in the
restored bomber. Without these contributions, the petitioner asserted
that the cost of operating and maintaining the airplane would be
prohibitive.
The FAA determined that these airplanes were operated under a
limited and experimental category airworthiness certificate. Without
type certification under Title 14 Code of Federal Regulations (14 CFR)
Sec. 21.27, they are not eligible for standard airworthiness
certificates. The high cost of type certification under Sec. 21.27
makes this avenue impractical for operators providing living history
flights. Comparable airplanes manufactured under a standard
airworthiness certificate did not exist. Thus, the FAA determined that
an exemption was an appropriate way to preserve aviation history and
keep the airplanes operational. In granting the exemption, the FAA
found there was an overwhelming public interest in preserving U.S.
aviation history, just as the preservation of historic buildings,
historic landmarks, and historic neighborhoods have been determined to
be in the public interest. While aviation history can be represented in
static displays in museums, in the same way historic landmarks could be
represented in a museum, the public has shown support for and a desire
to have these historic aircraft maintained and operated to allow them
to experience flight in these aircraft.
A 2004 policy explicitly limited the scope of LHFE exemptions to
WWII or earlier vintage airplanes. The reasons enumerated in the
statement addressed both public interest (e.g. the unique opportunity
to experience flight in a B-17 or B-24 while such aircraft can still be
safely maintained) and public safety (i.e. older and slower multiengine
airplanes allow time for appropriate corrective measures in the event
of an in-flight emergency and such crews must meet FAA qualifications
and training requirements). The FAA stated that the agency did not
believe it prudent to grant exemptions from the FAA regulations to
operators of supersonic jets.
In response to numerous requests to expand the scope of the
exemptions, the FAA requested comments on a proposed policy in 2006,
and subsequently published a new policy on October 9, 2007 (72 FR
57196).
The 2007 policy statement agreed to consider any request for
exemption for passenger-carrying flights in non-standard category
aircraft, especially former military turbine-engine-powered aircraft,
on a case-by-case basis. For petitioners intending to operate
experimental exhibition, surplus foreign or domestic aircraft, and/or
turbojet or turbine-powered aircraft, it stated that the FAA would
closely examine the proposed operation with respect to safety of
flight, passenger safety considerations, and safety of the non-
participating public during the operational period and within the
operational area before approving a LHFE exemption. Other criteria
included passenger/crew egress, emergency egress systems such as
ejection seats, documentation or statistical make and model operational
history, historical significance of the particular aircraft,
maintenance history, operational failure modes, and aging aircraft
factors. The 2007 policy also observed that some of the aircraft in
question are complex in nature, requiring special skills to operate
safely, and that military equipment such as ejection seat systems can
pose additional risk to aircraft occupants, ground personnel, and non-
participating bystanders on the ground.
Also in the 2007 statement, the FAA cautioned that those requesting
an exemption from a particular standard or set of standards must
demonstrate that (1) there is an overriding public interest in
providing a financial means for a non-profit organization to continue
to preserve and operate these historic aircraft, and (2) adequate
measures
[[Page 16240]]
(including all conditions and limitations stipulated in the exemption)
will be taken to ensure safety. The FAA further stated that
``operations authorized under these exemptions are specifically not air
tour, sightseeing, or air carrier operations'' and that the agency ``in
determining the public interest derived in any grant of exemption of
this nature, will take into consideration the number of existing
operational aircraft and petitioners available to provide the historic
service to the public.''
Consistent with the 2007 policy statement, the FAA has accommodated
several industry requests to allow operation of more modern-day
military jet aircraft (e.g., the McDonnell Douglas F-4 Phantom and the
McDonnell-Douglas A-4 Skyhawk) under the LHFE policy. To ensure safety,
there are over 45 conditions and limitations the exemption holder must
comply with in order to operate under the provisions of the exemption.
The FAA has found, however, that operators have sometimes
misinterpreted these conditions and limitations as permitting
operations that the FAA did not contemplate or intend.
FAA Policy
The evolution of LHFE operations in the private sector, along with
availability of newer and more capable former military aircraft, has
raised public safety and public policy concerns that the FAA needs to
assess. Accordingly, the FAA is placing a moratorium on the issuance of
any new LHFE exemptions, including addition of new aircraft to current
exemptions. Current LHFE exemption holders can continue to operate
under their current exemption. If the exemption is due to expire during
the moratorium, the FAA will accept and process petitions to extend
current exemptions in accordance with the established regulatory
exemption process. If a change is required (i.e. removal of an
aircraft) the FAA will accept these changes in accordance with the
regulatory processes. Additionally, during the moratorium, as
petitioners request extensions to their LHFE exemption, the FAA will
add the following clarifying limitations to all LHFE exemptions to
ensure consistent application of current LHFE policy: 1. Passengers are
prohibited from manipulating the aircraft flight controls when the
aircraft is operated under the LHFE exemption, and 2. No aerobatics may
be performed in the aircraft while operating under the LHFE exemption.
Finally, the FAA will begin its evaluation of the current LHFE
exemption policies and practices, to include evaluation of safety to
the paying members of the public who have an expectation of aircraft
safety and who may not understand the inherent risks associated with
such flight. The FAA expects to publish a new proposed LHFE policy for
comment on or before September 30, 2012.
Issued in Washington, DC, on March 15, 2011.
John W. McGraw,
Acting Director, Flight Standards Service.
[FR Doc. 2011-6712 Filed 3-22-11; 8:45 am]
BILLING CODE 4910-13-P
