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Federal Register / Vol. 71, No.

58 / Monday, March 27, 2006 / Proposed Rules 15087

(ii) For airplanes with 18,600 or more total for compliance with the requirements of for sending your comments
flight cycles as of the effective date of this paragraphs (h) and (i) of this AD. electronically.
AD: Within 500 flight cycles after the • Government-wide Rulemaking Web
Alternative Methods of Compliance
effective date of this AD.
(AMOCs) Site: Go to http://www.regulations.gov
(2) For airplanes on which nose rib 7 has
been replaced in accordance with Airbus (m)(1) The Manager, International Branch, and follow the instructions for sending
Service Bulletin A300–57–0242 or A300–57– ANM–116, has the authority to approve your comments electronically.
6097, both dated December 18, 2003: Do the AMOCs for this AD, if requested in • Mail: Docket Management Facility;
initial inspection within 5,000 flight cycles accordance with the procedures found in 14 U.S. Department of Transportation, 400
after accomplishing the replacement, or CFR 39.19. Seventh Street, SW., Nassif Building,
within 1,000 flight cycles after the effective (2) Before using any AMOC approved in Room PL–401, Washington, DC 20590–
date of this AD, whichever is later. accordance with 14 CFR 39.19 on any
001.
airplane to which the AMOC applies, notify
No Crack Found: Repetitive Inspections the appropriate principal inspector in the • Fax: 1–202–493–2251.
(g) If no crack is found during the FAA Flight Standards Certificate Holding • Hand Delivery: Room PL–401 on
inspection required by paragraph (f) of this District Office. the plaza level of the Nassif Building,
AD: Repeat the inspection at intervals not to 400 Seventh Street, SW., Washington,
Related Information
exceed 1,000 flight cycles, until the DC, between 9 a.m. and 5 p.m., Monday
terminating action in paragraph (i) of this AD (n) French airworthiness directive F–2005– through Friday, except Federal holidays.
is completed. 198, dated December 7, 2005, also addresses For more information on the
the subject of this AD.
Crack Found: Related Investigative/ rulemaking process or instructions on
Corrective Actions Issued in Renton, Washington, on March submitting comments that include
14, 2006. national security or sensitive security
(h) If any crack is found during any
inspection required by paragraph (f) or (g) of Ali Bahrami, information, see the SUPPLEMENTARY
this AD: Before further flight, replace nose rib Manager, Transport Airplane Directorate, INFORMATION section of this document.
7 with a new, improved rib and do all related Aircraft Certification Service. Privacy: Subject to review for national
investigative actions and applicable [FR Doc. E6–4406 Filed 3–24–06; 8:45 am] security or sensitive security
corrective actions in accordance with the BILLING CODE 4910–13–P information, we will post all comments
Accomplishment Instructions of Airbus we receive, without change, to http://
Service Bulletin A300–57–0245, Revision 01,
or A300–57–6100, Revision 01, both dated dms.dot.gov, including any personal
DEPARTMENT OF TRANSPORTATION information you provide. For more
March 9, 2006, as applicable, except as
provided by paragraph (j) of this AD. This information, see the Privacy Act
Federal Aviation Administration discussion in the SUPPLEMENTARY
terminates the repetitive inspections required
by paragraph (g) of this AD for the modified INFORMATION section of this document.
flaps only. 14 CFR Parts 91 and 119 Docket: To read background
Terminating Action [Docket No. FAA–2006–24260] documents or comments received, go to
(i) Within 5,000 flight cycles or 36 months
http://dms.dot.gov at any time or to
Exemptions for Passenger Carrying Room PL–401 on the plaza level of the
after the effective date of this AD, whichever
is first: Replace nose rib 7 with a new, Operations Conducted for Nassif Building, 400 Seventh Street,
improved rib and do all related investigative Compensation and Hire in Other Than SW., Washington, DC, between 9 a.m.
actions and applicable corrective actions in Standard Category Aircraft and 5 p.m., Monday through Friday,
accordance with the Accomplishment except Federal holidays.
Instructions of Airbus Service Bulletin A300–
AGENCY: Federal Aviation
Administration (FAA), DOT. FOR FURTHER INFORMATION CONTACT:
57–0245, Revision 01, or A300–57–6100,
Revision 01, both dated March 9, 2006, as ACTION: Notice of draft policy statement. General Aviation and Commercial
applicable, except as provided by paragraph Division, Certification and General
(j) of this AD. This terminates the repetitive SUMMARY: This document identifies and Aviation Operations Branch (AFS–810),
inspections required by paragraph (g) of this provides guidance on the current FAA Flight Standards Service, FAA, 800
AD. policies regarding requests for an Independence Avenue, SW.,
Repairing Per the FAA or Direction Générale exemption from the rules governing the Washington, DC 20591; telephone (202)
de l’Aviation Civile (DGAC) operation of aircraft for the purpose of 267–8212.
carrying passengers on living history SUPPLEMENTARY INFORMATION:
(j) If any crack or damage is found for
which the applicable service bulletin flights in return for compensation.
Specifically, this document clarifies Background
specifies to contact Airbus: Before further
flight, repair per a method approved by either which aircraft are potentially eligible for In 1996, the FAA granted an
the Manager, International Branch, ANM– an exemption and what type of exemption from various requirements of
116, Transport Airplane Directorate, FAA; or information petitioners should submit part 91 and part 119 to an aviation
the Direction Générale de l’Aviation Civile to the FAA for proper consideration of museum/foundation allowing the
(DGAC) (or its delegated agent). relief from the applicable regulations. exemption holder to operate a large,
No Reporting Required This policy does not apply to flight crew crew-served, piston-powered,
(k) Airbus Service Bulletins A300–57–0240 training or commercial space multiengine, World War II (WWII)
and A300–57–6095, both Revision 01, both transportation issues. bomber carrying passengers for the
dated December 2, 2004, specify to submit DATES: Comments must be received on purpose of preserving U.S. military
certain information to the manufacturer, but or before April 26, 2006. aviation history. In return for donations,
this AD does not include that requirement. ADDRESSES: You may send comments the contributors would receive a local
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Actions Accomplished in Accordance With that do not include national security or flight in the restored bomber.
Initial Issue of Service Bulletins sensitive security information identified The petitioner noted that WWII
(l) Actions done before the effective date of by Docket Number FAA–2006–24260 combat aircraft are unique in that only
this AD in accordance with Airbus Service using any of the following methods: a limited number remain in flyable
Bulletin A300–57–0245 or A300–57–6100, • DOT Docket Web Site: Go to http:// condition, and that number is declining
both dated August 31, 2005, are acceptable dms.dot.gov and follow the instructions with the passage of time. In addition,

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15088 Federal Register / Vol. 71, No. 58 / Monday, March 27, 2006 / Proposed Rules

the petitioner noted replacement parts • Section 91.319(a), which states that standard, those in civil use had been
and the specific gasoline used by these no person may operate an aircraft with modified to a two-seat version. Single-
airplanes will eventually be in short an experimental certificate for other seat aircraft converted to a two-seat
supply, and may substantially reduce than the purpose for which the configuration no longer met the same
the aircraft performance capability or certificate was issued, or for carrying design criteria of the original aircraft,
require the airplanes to be grounded. persons or property for compensation or and would not generally be considered
The petitioner indicated that hire. as representative of the actual aircraft
compensation would be collected to • Section 119.5(g), which states, in used in combat operations.
help cover expenses associated with pertinent part, that no person may Another petitioner requested an
maintaining and operating the WWII operate as a commercial operator exemption to operate certain large
airplane. Without these contributions, without, or in violation of, an turbojet-powered aircraft, which
the petitioner asserted that the cost of appropriate certificate and appropriate included a foreign-manufactured and
operating and maintaining the airplane operations specifications. operated,1 surplus military turbojet
would be prohibitive. • Section 119.21(a), which states, in aircraft. Some turbojet-powered aircraft
The FAA determined that these pertinent part, that each person who (L–29, L–39, TS–11, Alfa Jet, etc.)
airplanes were operated under a limited conducts operations as a commercial remain in active military service or are
category airworthiness certificate. operator engaged in intrastate common readily available in the current
Without type certification under Title carriage of persons for compensation international market. The availability of
14 Code of Federal Regulations (14 CFR) shall comply with the certification and these aircraft is indicative of an
§ 21.27, they are not eligible for operations specifications requirements increasing market and thus undermines
standard airworthiness certificates. The in subpart C of part 119. Subpart C of any argument that this aircraft meets the
high cost of type certification under part 119 describes certification, public interest goal of preserving
§ 21.27 makes this avenue impractical operations specifications, and other unique, historical aircraft. Additionally,
requirements for operations conducted the FAA was concerned that the
for operators providing living history
under part 121 or part 135. petitioner could not demonstrate that
flights. Comparable airplanes
Since the issuance of that exemption,
manufactured under a standard these aircraft had been adequately
the FAA has received many exemption
airworthiness certificate did not exist. maintained. Unlike foreign-
requests seeking the same or similar
Thus, the FAA determined that an manufactured military surplus aircraft,
relief, even though the particular
exemption was an appropriate way to operators of U.S.-manufactured surplus
circumstances were different. These
preserve aviation history and keep the military aircraft certificated in an
subsequent petitions raised significant
airplanes operational. airworthiness category (experimental,
concerns within the FAA and led it to
In granting the exemption, the FAA limited, and restricted category under
reexamine and refine its criteria for
found that there was an overwhelming § 21.25(a)(2)) for which no common
issuing exemptions.
public interest in preserving U.S. In one case, petitioner requested relief standards exist, were required to avoid
aviation history, just as the preservation to operate certain helicopters potential safety issues through (1) the
of historic buildings, historic manufactured for U.S. Army operations continued operation and maintenance
landmarks, and historic neighborhoods in the Republic of Vietnam. These requirements imposed on them, and (2)
have been determined to be in the helicopters are similar in construction a requirement to provide adequate
public interest. While aviation history and design to a type-certificated product documentation of previous operational
can be represented in static displays in with a standard airworthiness maintenance history.
museums, in the same way historic certificate. The FAA generally does not FAA Policy
landmarks could be represented in a issue exemptions from aviation safety
museum, the public has shown support regulations if the proposed operation This document provides clarification
for and a desire to have these historic can be performed in full compliance on the FAA’s policy on issuing
aircraft maintained and operated to with the rules. However, the FAA exemptions to only non-profit
allow them to experience a flight. reconsidered its position in this organizations for the purpose of
As with all exemptions, the FAA also instance because the aircraft provided a providing flight experiences to promote
recognized it was paramount that such unique, historical perspective due to the aviation history and preserve historic
operations not adversely affect safety. nature of its operations. The aircraft aircraft.
Therefore, the FAA required flight served in Viet Nam in the actual manner The FAA recognizes the need for and
crewmembers to meet certain that they were flown in exhibition. seeks to promote an exposure to and
qualification and training requirements Additionally, the particular make and appreciation of aviation history. By
(for example, requirements for an FAA- model of aircraft have been on active enabling non-profit organizations,
approved training program and stringent service duty in the U.S. military longer identified as such by the U.S.
pilot qualifications, comprehensive than any other military helicopter and Department of the Treasury, to offer
maintenance and inspection procedures have carried more personnel and living history flights for compensation
and records, and in-flight maintenance equipment into war zones and areas of used to preserve and maintain these
and airworthiness failure reporting conflict than any other aircraft. Thus, aircraft, the public will be assured
procedures.). the FAA granted an exemption because access to this important part of history.
The FAA granted the exemption and of the aircraft’s unique operating
1 Certification under § 21.19(d) does not require
relieved the petitioner from the history.
the aircraft be manufactured in the United States.
following regulations contained in Title In another case, a petitioner requested
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Rather a foreign-manufactured aircraft operated by


14, Code of Federal Regulations (14 an exemption to operate several single- a branch of the U.S. Armed Forces would be treated
CFR): seat, piston-powered WWII fighter the same as a U.S.-manufactured aircraft. However,
• Section 91.315, which states that no aircraft that were certificated in the foreign operations pose concerns over whether the
aircraft, as designed, could have been certificated
person may operate a limited category limited category. While the historical under § 21.19(d) and whether the aircraft has been
civil aircraft carrying persons or significance and combat history of the maintained in a manner sufficient to ensure the
property for compensation or hire. aircraft were appropriate to the original safety of the flying public and bystanders.

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Federal Register / Vol. 71, No. 58 / Monday, March 27, 2006 / Proposed Rules 15089

The regulations in 14 CFR establish that will be taken to ensure safety will commonality and standardization. The
appropriate safety standards for aircraft not be adversely affected. FAA, in determining the public interest
operators and crewmembers. Therefore, In order to allow the FAA to derived in any grant of exemptions of
an exemption from aviation safety thoroughly evaluate and provide this nature, will take into consideration
regulations is not routinely granted if consideration to each request, the number of existing aircraft and
the proposed operation can be petitioners should allow at least 120 petitioners available to provide the
performed in full compliance with the days for processing and review of any historic service to the public.
rules. In addition, the FAA must be exemption requests. 7. The FAA must be provided with
persuaded that operation of the affected The FAA will use the following proof that the petitioner is a non-profit
aircraft will not pose an undue risk to criteria in determining whether granting museum or foundation, recognized as
the flying public or to bystanders. The an exemption is in the public interest such by the U.S. Department of the
use of turbine-engine powered aircraft, and does not compromise safety: Treasury, which uses the funds received
1. Aircraft holding any category of from exhibitions to enable the
in particular, raises several concerns
airworthiness certificate issued under continued display of the featured
with respect to the type and quality of
14 CFR part 21 may be considered for aircraft. The aircraft must be operated
training available for the flight crews
an exemption to provide living history exclusively by the petitioner.
and maintenance and inspection 8. Flights must be non-stop and
flight experiences.
personnel. Many of these aircraft are 2. Exemptions will not be limited to within 25 statute miles radius of the
complex in nature and require special a particular category of aircraft or to a departure point. With concurrence of
skills to operate safely. In addition, particular type of engine; fixed wing or the local FSDO, special authorizations
there is risk to passengers, ground rotorcraft may apply as well as piston or may be given to conduct flights up to a
personnel and spectators when ejection turbine powered. distance of 50 statute miles from the
seat systems, utilizing armed, explosive 3. Non-U.S. aircraft may be departure airport in order to meet ATC
pyrotechnic devices are installed and considered for an exemption if the airspace restrictions or security needs.
operational. operational and maintenance history is 9. Applicants may be required to
The FAA notes that in order to ensure adequately documented. submit an operational history of the
that adequate consideration is given to 4. Aircraft with crew egress systems make/model/type aircraft, or
petitioners intending to operate will be considered, provided that flight justification with respect to aviation
experimental exhibition, surplus foreign crew, ground personnel, and passengers history in order for the FAA to
or domestic, turbojet or turbine-powered have completed a training program determine the public interest basis for
aircraft, the FAA will closely examine approved by the FAA. Passenger granting an exemption.
training programs must be at least as 10. If a petition for exemption is
the proposed operation with respect to
thorough as what is provided by the granted, the conditions and limitations
safety of flight, passenger safety
manufacturer or military service user may include revised operating
considerations, and safety of the non- limitations as part of the aircraft’s
participating public during the when preparing an individual for a
‘‘familiarization’’ flight. Aircraft of the airworthiness certificate. These
operational period and within the operating limitations may be more
same or similar make/model/series must
operational area. Passenger/flight crew restrictive than those originally issued
not be in current production or in
egress, emergency egress systems such to the aircraft.
significant commercial use for the
as ejection seats, documentation or 11. Passengers must obtain a complete
carriage of passengers. Exceptions may
statistical make and model operational briefing prior to departure that
be considered where a particular
history, significance of the particular airframe has documented historical adequately describes the differences
aircraft with respect to the operational significance (such as the between aircraft with a standard
history maintenance history, operational aforementioned Vietnam-era helicopter). airworthiness certificate and aircraft
failure modes, and aging aircraft factors 5. All passenger seats and their holding either an experimental or
of individual aircraft will be taken into installation must: limited airworthiness certificate (i.e.,
consideration in the analysis of an a. Take into consideration passenger The FAA has not participated in or
exemption request. egress in the event of an emergency; and accepted the design standards,
The FAA will not automatically be FAA-approved if installed on type- performance standards, handling
exclude any aircraft from consideration certificated aircraft; or qualities, or provided approval or
unless the aircraft was acquired through b. Meet the military seat and operational acceptance of experimental
an Act of Congress and Congress has installation standards or equivalent aircraft, the adequacy of previous
specified that the aircraft may not be standards in existence at the time the maintenance and inspection programs
operated for compensation or hire.2 aircraft was manufactured as outlined in and accomplishment may be in doubt,
Rather, the FAA will evaluate each 14 CFR 21.27 if installed on that the aircraft may not comply with
exemption request on a case-by-case experimental aircraft. The FSDO having FAA passenger regulations and may be
basis. Those requesting an exemption oversight for that aircraft will then operated under separate maintenance
from a particular standard or set of ensure the approved maintenance standards). The briefing shall also
program is modified to incorporated the advise that the FAA considers flights in
standards must demonstrate the
specific seat inspection procedures. these aircraft to be inherently dangerous
following: (1) That there is an overriding
6. Exemptions will be issued for the activities and has approved this
public interest in providing a financial
sole purpose of providing living history exemption on the condition that the
means for non-profit organizations to
flights to promote aviation and preserve passengers taking this flight be properly
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continue to preserve and operate these


historic aircraft. The operations trained in emergency exiting, including
historic aircraft, and (2) the measures
authorized under these exemptions are proper use of the ejection seat and
2 In the event an exemption is mistakenly granted
specifically not air tour, sightseeing, or apprised of the risks involved in flying
for such an aircraft, the exemption shall be void and
air carrier operations. The FAA may in such aircraft. Petitioners must
the FAA may take enforcement action against the stipulate considerations and limitations prepare a ‘‘waiver’’ for signature by the
operator at any time. to the operation to preserve potential passenger. While a waiver

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15090 Federal Register / Vol. 71, No. 58 / Monday, March 27, 2006 / Proposed Rules

cannot absolve the operator of liability maintenance/inspection program is Petitioners should be precise
in the event of an accident, the adequate. regarding the requirements from which
document will provide proof that the 16. All maintenance or operational they seek relief. In addition petitioners
passenger has been advised of the risks incidents will be reported to the Flight should provide copies of the
inherent in the type of operation to be Standards District Office in whose airworthiness certificate, including a
conducted. In addition, the signature district the organization’s principal base copy of the operating limitations issued
will acknowledge the fact that the FAA of operations is located. for each aircraft that would be subject to
has NOT made a determination that the 17. Passenger Safety and Training the conditions and limitations of the
aircraft is considered safe to carry a. An FAA approved passenger proposed exemption. Those submitting
passengers for compensation or hire. briefing must be conducted appropriate petitions for exemption or additional
14. Crew Qualification and Training to the scope of operations. Passengers information should submit the required
a. Pilots must possess a minimum of must be fully informed of the risks information to the following: (1) for
a commercial pilot certificate with associated with the proposed rides, and paper submissions, send the original
instrument rating appropriate to the that occupying a seat in these aircraft signed copy of your submission to the
category and class of aircraft to be may subject the rider to a high level of U.S. Department of Transportation,
flown. They must also hold a type rating risk. Some operations may require Docket Management System, 400 7th
is required by the type of aircraft flown passenger-briefing cards. Street, SW., Room PL 401, Washington,
along with a current second class b. The passenger briefing must DC 20591–0001; or (2) for electronic
medical certificate. include normal and emergency egress submissions, submit your information to
b. Initial and recurrent training must procedures, passenger seating, and the FAA through the Internet using the
be performed to current ATP Practical overview of safety restraint systems. Docket Management System Web site at
Test Standards for aircraft requiring a c. Passenger training equivalent to this Internet address: http://
special authorization or type rating to that provided for Department of Defense dms.dot.gov/. If you already have
operate. familiarization flights must be approved received a docket number, you must
c. An initial ground and flight- by the FAA and conducted for all flights reference that docket number in your
training program must be developed by involving any of the following: request.
the organization and completed by all i. Ejection seats, if the aircraft is so The FAA is soliciting comments from
pilots. equipped; the public regarding this draft policy
d. Recurrent ground training must be ii. High altitude operations, if flight statement. We will not consider any
developed and completed by all pilots will be conducted above 10,000 feet new requests for exemption from the
or an annual cycle. MSL; date this proposed policy is published
e. An annual proficiency check must iii. Oxygen system, for flights above to the time at which all comments are
be conducted and if necessary, recurrent 10,000 feet MSL or if use of the system received and adjudicated.
flight training will be required. A is required by type of operation. Issued in Washington, DC on March 21,
minimum activity level and satisfactory Petitioners will be required to 2006.
flight proficiency check may allow the demonstrate their ability to safely James J. Ballough,
requirement for recurrent flight training perform the operations requested and to Director, Flight Standards Service.
to be waived. meet all operating and maintenance [FR Doc. 06–2915 Filed 3–24–06; 8:45 am]
f. The petitioner will state the requirements. The extent of this BILLING CODE 4910–13–M
minimum flight experience required for demonstration will be dependent on the
each pilot position. scope of the operation requested.
g. Pilots will maintain takeoff and Petitioners who have conducted this
DEPARTMENT OF THE INTERIOR
landing currency in each make and type of operation must provide a
model. summary of their operating history. Office of Surface Mining Reclamation
h. A system for documenting and Additionally, all petitioners will be and Enforcement
recording all crew qualifications, required to submit documentation
required training, checking and sufficient to allow the FAA to determine 30 CFR Part 926
currency must be developed and the number of passenger seats to be
maintained. utilized during compensated operations [MT–026–FOR]
i. All training and checking programs and the FAA approval status of those
must be approved by the FAA. Montana Regulatory Program
seats. Petitioners will also be required to
15. Maintenance/Inspection of provide the U.S. registration number AGENCY: Office of Surface Mining
Aircraft and make/model/serial number of the Reclamation and Enforcement, Interior.
a. The maintenance history of each aircraft to be used. ACTION: Proposed rule; public comment
individual aircraft must be provided. Petitioners who have submitted period and opportunity for public
b. The petitioner must provide an requests should review this draft policy hearing on proposed amendment.
FAA approved maintenance/inspection statement and consider supplementing
program that may be a program based on their petitions if they have not SUMMARY: We are announcing receipt of
military and/or original manufacturer’s previously provided the necessary a proposed amendment to the Montana
manuals and must be in accordance information. The FAA will consider any regulatory program under the Surface
with the type certification data sheet information submitted and determine Mining Control and Reclamation Act of
and the aircraft’s operating limitations. whether more information is necessary 1977 (SMCRA or the Act).
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c. All maintenance and inspections to make a decision on whether it is This document gives the times and
will be documented and recorded. appropriate to grant an exemption for a locations that the Montana regulatory
d. Applicants may be required to particular aircraft. The FAA anticipates program and proposed amendment to
submit an operational history of the that some aircraft models that have been that program are available for your
make/model/type in order for the FAA granted exemptions may no longer inspection, the comment period during
to verify that the submitted qualify for future exemptions. which you may submit written

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