evangilder
"Shooter"
I got this in e-mail this evening: This is a multi-post due to size, but it is important.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 91, 119, 120, 121, 135, and 136
[Docket No. FAA-2012-0374 ]
Living History Flight Experience (LHFE)--Exemptions for Passenger
Carrying Operations Conducted for Compensation and Hire in Other Than
Standard Category Aircraft
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of public meeting.
-----------------------------------------------------------------------
SUMMARY: The FAA is announcing public meetings to gather additional
technical input on the subject of exemptions relating to the LHFE.
Input gathered will aid in developing future FAA guidance for
evaluating LHFE petitions for exemption. Prior to the public meetings,
the FAA is seeking public comment on the guidance.
DATES: The public meetings will be held on June 26, 27, and 28, 2012,
from 8:00 a.m. until 4:30 p.m. Note that the meetings may be adjourned
early if scheduled speakers complete their presentations early. The
deadline to submit a request to make an oral statement is June 18,
2012. The written comment period will close on June 18, 2012.
ADDRESSES: The public meetings will be held in the FAA Headquarters
building auditorium on the third floor, 800 Independence Ave. SW.,
Washington, DC 20591. Due to limited space, attendees are required to
please reply (RSVP) to [email protected]. Seating will be on a firstcome-
first-serve basis. If computer access is not possible, please RSVP
via mail, fax or hand delivery via the methods listed directly below:
Mail or Hand Delivery: RSVP to Flight Standards Service,
General Aviation and Commercial Division, AFS-800, ATTN: LHFE (RSVP),
800 Independence Ave. SW., Washington, DC 20591.
Fax: RSVP to AFS-800, Attn: LHFE (RSVP) at 202-385-9597.
Written comments (identified by docket number FAA-2012-0374) may be
submitted using any of the following methods:
[cir] Federal eRulemaking Portal: Go to Regulations.gov
and follow the instructions for sending comments electronically.
[cir] Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation, 1200 New Jersey Avenue SE., West Building
Ground Floor, Room W12-140, Washington, DC 20590.
[cir] Fax: Fax comments to Docket Operations at 202-493-2251.
[cir] Hand Delivery: Docket Operations in Room W12-140 of the West
Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
Written comments to the docket will receive the same consideration
as statements made at the public meeting. For more information on the
rulemaking process, see the SUPPLEMENTARY INFORMATION section of this
document.
5/22/2012 8:18:51 AM
Federal Register, Volume 77 Issue 99 (Tuesday, May 22, 2012) Page 1 of 8
Privacy: The FAA will post all comments it receives, without
change, to Regulations.gov, including any personal
information provided by the commenter. Using the search function of the
FAA's docket Web site, anyone can find and read the comments received
into any of the agency's dockets, including the name of the individual
sending the comment (or signing the comment for an association,
business, labor union, etc.). DOT's complete Privacy Act Statement may
be reviewed in the Federal Register published on April 11, 2000 (65 FR
19477-19478) or at Dockets Informational site.
Docket: Background documents or comments received may be read at
Regulations.gov at any time or in Docket Operations in Room
W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue
SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Requests to present a statement at the
public meetings and questions regarding the logistics of the meetings
should be directed to Ms. Keira Jones, Office of Rulemaking (ARM-101),
Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591; telephone (202) 267-4025, facsimile (202) 267-
5075.
Technical questions should be directed to the General Aviation and
Commercial Division, AFS-800, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone (202) 385-
9600, facsimile (202) 385-9597; email [email protected].
SUPPLEMENTARY INFORMATION:
Background
The FAA has historically found an overwhelming public interest in
preserving United States (U.S.) aviation history, including former
military aircraft transferred to private individuals or organizations
for the purpose of restoring and flying these aircraft. The FAA has
further determined that, with appropriate conditions and limitations
imposed for public safety purposes, access to these aircraft can
include allowing the public to experience flight. Because the
regulations (14 CFR) do not otherwise allow such operations, the FAA
established through its mid-1990s Living History Flight Experience
(LHFE) policy that exemptions are an appropriate way to preserve
aviation history and keep historic airplanes operational when
comparable airplanes manufactured under a standard airworthiness
certificate do not exist. The LHFE policy provided a way for the
private owner/operators of historically significant, Americanmanufactured
large, crew-served, piston-powered, multi-engine, World
War II bomber aircraft to conduct limited passenger carrying flights,
for compensation, as a way to generate funds needed to maintain and
preserve these historically significant aircraft for future
generations.
Because this policy generated a number of petitions for exemption,
the FAA affirmed that the regulatory scheme adopted in 14 CFR
establishes appropriate safety standards for aircraft operators and
crewmembers. Those requesting an exemption from a particular standard
or set of standards must demonstrate that: (1) The flight cannot be
performed in full compliance with regulations, (2) there is an
overriding public interest in conducting passenger flights on the
aircraft, and (3) the measures to be taken establish an appropriate
level of safety for the flight. Because of this, the FAA limited the
scope of its nostalgia flight exemption to World War II (WWII) or
earlier vintage airplanes (i.e., manufactured before December 31,
1947). The reasoning behind this limitation addressed both public
interest (e.g., the unique opportunity to experience flight in a B-
[[Page 30239]]
17 or B-24 while such aircraft can still be safely maintained) and
Today the Collings Foundation was notified of the intent of the FAA to "reopen" the exemption ride program for experimental aircraft. As many may remember, the Collings Foundation along with the EAA, was able to prevent the latest attack of our government on Experimental Jet Aircraft. This was the bill proposal of a certain OHIO Congressman preventing transfer of military aircraft from the government to the public. We and many others feel that this bill was orchestrated by the Air Force in cooperation with the FAA. It was confirmed today as much of the wording in the FAA notice is exactly the same as the USAF letter to Congress denying aircraft transfer to the Foundation in 2011. We cannot afford to stand by and watch the FAA and the USAF conspire and then manipulate general aviation to any degree. Please try to attend the conference and spread this information to any affiliated organizations.
Thanks,
<name redacted>
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 91, 119, 120, 121, 135, and 136
[Docket No. FAA-2012-0374 ]
Living History Flight Experience (LHFE)--Exemptions for Passenger
Carrying Operations Conducted for Compensation and Hire in Other Than
Standard Category Aircraft
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of public meeting.
-----------------------------------------------------------------------
SUMMARY: The FAA is announcing public meetings to gather additional
technical input on the subject of exemptions relating to the LHFE.
Input gathered will aid in developing future FAA guidance for
evaluating LHFE petitions for exemption. Prior to the public meetings,
the FAA is seeking public comment on the guidance.
DATES: The public meetings will be held on June 26, 27, and 28, 2012,
from 8:00 a.m. until 4:30 p.m. Note that the meetings may be adjourned
early if scheduled speakers complete their presentations early. The
deadline to submit a request to make an oral statement is June 18,
2012. The written comment period will close on June 18, 2012.
ADDRESSES: The public meetings will be held in the FAA Headquarters
building auditorium on the third floor, 800 Independence Ave. SW.,
Washington, DC 20591. Due to limited space, attendees are required to
please reply (RSVP) to [email protected]. Seating will be on a firstcome-
first-serve basis. If computer access is not possible, please RSVP
via mail, fax or hand delivery via the methods listed directly below:
Mail or Hand Delivery: RSVP to Flight Standards Service,
General Aviation and Commercial Division, AFS-800, ATTN: LHFE (RSVP),
800 Independence Ave. SW., Washington, DC 20591.
Fax: RSVP to AFS-800, Attn: LHFE (RSVP) at 202-385-9597.
Written comments (identified by docket number FAA-2012-0374) may be
submitted using any of the following methods:
[cir] Federal eRulemaking Portal: Go to Regulations.gov
and follow the instructions for sending comments electronically.
[cir] Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation, 1200 New Jersey Avenue SE., West Building
Ground Floor, Room W12-140, Washington, DC 20590.
[cir] Fax: Fax comments to Docket Operations at 202-493-2251.
[cir] Hand Delivery: Docket Operations in Room W12-140 of the West
Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
Written comments to the docket will receive the same consideration
as statements made at the public meeting. For more information on the
rulemaking process, see the SUPPLEMENTARY INFORMATION section of this
document.
5/22/2012 8:18:51 AM
Federal Register, Volume 77 Issue 99 (Tuesday, May 22, 2012) Page 1 of 8
Privacy: The FAA will post all comments it receives, without
change, to Regulations.gov, including any personal
information provided by the commenter. Using the search function of the
FAA's docket Web site, anyone can find and read the comments received
into any of the agency's dockets, including the name of the individual
sending the comment (or signing the comment for an association,
business, labor union, etc.). DOT's complete Privacy Act Statement may
be reviewed in the Federal Register published on April 11, 2000 (65 FR
19477-19478) or at Dockets Informational site.
Docket: Background documents or comments received may be read at
Regulations.gov at any time or in Docket Operations in Room
W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue
SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Requests to present a statement at the
public meetings and questions regarding the logistics of the meetings
should be directed to Ms. Keira Jones, Office of Rulemaking (ARM-101),
Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591; telephone (202) 267-4025, facsimile (202) 267-
5075.
Technical questions should be directed to the General Aviation and
Commercial Division, AFS-800, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone (202) 385-
9600, facsimile (202) 385-9597; email [email protected].
SUPPLEMENTARY INFORMATION:
Background
The FAA has historically found an overwhelming public interest in
preserving United States (U.S.) aviation history, including former
military aircraft transferred to private individuals or organizations
for the purpose of restoring and flying these aircraft. The FAA has
further determined that, with appropriate conditions and limitations
imposed for public safety purposes, access to these aircraft can
include allowing the public to experience flight. Because the
regulations (14 CFR) do not otherwise allow such operations, the FAA
established through its mid-1990s Living History Flight Experience
(LHFE) policy that exemptions are an appropriate way to preserve
aviation history and keep historic airplanes operational when
comparable airplanes manufactured under a standard airworthiness
certificate do not exist. The LHFE policy provided a way for the
private owner/operators of historically significant, Americanmanufactured
large, crew-served, piston-powered, multi-engine, World
War II bomber aircraft to conduct limited passenger carrying flights,
for compensation, as a way to generate funds needed to maintain and
preserve these historically significant aircraft for future
generations.
Because this policy generated a number of petitions for exemption,
the FAA affirmed that the regulatory scheme adopted in 14 CFR
establishes appropriate safety standards for aircraft operators and
crewmembers. Those requesting an exemption from a particular standard
or set of standards must demonstrate that: (1) The flight cannot be
performed in full compliance with regulations, (2) there is an
overriding public interest in conducting passenger flights on the
aircraft, and (3) the measures to be taken establish an appropriate
level of safety for the flight. Because of this, the FAA limited the
scope of its nostalgia flight exemption to World War II (WWII) or
earlier vintage airplanes (i.e., manufactured before December 31,
1947). The reasoning behind this limitation addressed both public
interest (e.g., the unique opportunity to experience flight in a B-
[[Page 30239]]
17 or B-24 while such aircraft can still be safely maintained) and
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