Appendix 1 APPENDIX 1. PUBLIC AIRCRAFT STATUTE Title 49 of the United States Code (49 U.S.C.) § 40102. Definitions.
(a) General Definitions.— In this part—
(41) “public aircraft” means any of the following:
(A) Except with respect to an aircraft described in subparagraph (E), an aircraft used only for the United States Government, except as provided in section 40125(b).
(B) An aircraft owned by the Government and operated by any person for purposes related to crew training, equipment development, or demonstration, except as provided in section 40125(b).
(C) An aircraft owned and operated by the government of a State, the District of Columbia, or a territory or possession of the United States or a political subdivision of one of these governments, except as provided in section 40125(b).
(D) An aircraft exclusively leased for at least 90 continuous days by the government of a State, the District of Columbia, or a territory or possession of the United States or a political subdivision of one of these governments, except as provided in section 40125(b).
(E) An aircraft owned or operated by the armed forces or chartered to provide transportation or other commercial air service to the armed forces under the conditions specified by section 40125(c). In the preceding sentence, the term “other commercial air service” means an aircraft operation that (i) is conducted within the United States territorial airspace; (ii) the Administrator of the Federal Aviation Administration determines is available for compensation or hire to the public, and (iii) must comply with all applicable civil aircraft rules under title 14, Code of Federal Regulations.
Title 49 U.S.C. § 40125. Qualifications for Public Aircraft Status.
(a) Definitions. -- In this section, the following definitions apply:
(1) COMMERCIAL PURPOSES.—The term “commercial purposes” means the transportation of persons or property for compensation or hire, but does not include the operation of an aircraft by the armed forces for reimbursement when that reimbursement is required by any Federal statute, regulation, or directive, in effect on November 1, 1999, or by one government on behalf of another government under a cost reimbursement agreement if the government on whose behalf the operation is conducted certifies to the Administrator of the Federal Aviation Administration that the operation is necessary to respond to a significant and imminent threat to life or property (including natural resources) and that no service by a private operator is reasonably available to meet the threat.
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(2) GOVERNMENTAL FUNCTION.—The term “governmental function” means an activity undertaken by a government, such as national defense, intelligence missions, firefighting, search and rescue, law enforcement (including transport of prisoners, detainees, and illegal aliens), aeronautical research, or biological or geological resource management.
(3) QUALIFIED NON-CREWMEMBER.—The term “qualified non-crewmember” means an individual, other than a member of the crew, aboard an aircraft— (A) operated by the armed forces or an intelligence agency of the United States Government; or (B) whose presence is required to perform, or is associated with the performance of, a governmental function.
(4) ARMED FORCES.—The term “armed forces” has the meaning given such term by section 101 of Title 10.
(b) Aircraft Owned by Governments. An aircraft described in subparagraph (A), (B), (C), or (D) of section 40102(a)(41) does not qualify as a public aircraft under such section when the aircraft is used for commercial purposes or to carry an individual other than a crewmember or a qualified non-crewmember.
(c) Aircraft Owned or Operated by the Armed Forces.
(1) IN GENERAL.—Subject to paragraph (2), an aircraft described in section 40102(a)(41)(E) qualifies as a public aircraft if— (A) the aircraft is operated in accordance with Title 10;
(B) the aircraft is operated in the performance of a governmental function under Titles 14, 31, 32, or 50 and the aircraft is not used for commercial purposes; or (C) the aircraft is chartered to provide transportation or other commercial air service to the armed forces and the Secretary of Defense (or the Secretary of the department in which the Coast Guard is operating) designates the operation of the aircraft as being required in the national interest.
(2) LIMITATION.—An aircraft that meets the criteria set forth in paragraph (1) and that is owned or operated by the National Guard of a State, the District of Columbia, or any territory or possession of the United States, qualifies as a “Public Aircraft” only to the extent that it is operated under the direct control of the Department of Defense.
(d) Search and Rescue Purposes.— An aircraft described in section 40102(a)(41)(D) that is not exclusively leased for at least 90 continuous days by the government of a State, the District of Columbia, or a territory or possession of the United States or a political subdivision of 1 of those governments, qualifies as a public aircraft if the Administrator determines that—
(1) There are extraordinary circumstances;
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(2) The aircraft will be used for the performance of search and rescue missions;
(3) A community would not otherwise have access to search and rescue services; and
(4) A government entity demonstrates that granting the waiver is necessary to prevent an undue economic burden on that government.
NOTE: The official statute may be viewed on the Web site of the Government Printing Office at:
http://www.gpo.gov/fdsys/browse/collectionUScode.action?collectionCode=U SCODE
Appendix 2 APPENDIX 2. CONTACT INFORMATION
1. FLIGHT STANDARDS DISTRICT OFFICES (FSDO). If you have a question regarding the application of the information in this Advisory Circular, please contact your local FSDO. A list of FSDOs and the areas they serve is available on the FAA Web site, http://www.faa.gov/about/office_org/field_offices/fsdo/.
2. POLICY QUESTIONS. If you have an operational policy question, please contact the General Aviation and Commercial Division at http://www.faa.gov/about/office_org/headquarters_offices/avs/offices/afs/afs800/; or at the address below:
General Aviation and Commercial Division (AFS-800) 800 Independence Avenue, S.W.
Washington, DC 20591 Phone: (202) 385-9600 Fax: (202) 385-9597
3. AIRWORTHINESS OR MAINTENANCE POLICY QUESTIONS. If you have an airworthiness or maintenance policy question, please contact the Aircraft Maintenance Division at http://www.faa.gov/about/office_org/headquarters_offices/avs/offices/afs/afs300/; or at the address below:
Aircraft Maintenance Division (AFS-300) 5th Floor, 950 L’Enfant Plaza, S.W.
Washington, DC 20024 Phone: (202) 385-6435 Fax: (202) 385-6474
4. UNMANNED AIRCRAFT SYSTEMS QUESTIONS. If you have an unmanned aircraft system question, please contact the Unmanned Aircraft Systems Integration Office at http://www.faa.gov/about/initiatives/uas/; or at the address below:
Unmanned Aircraft Systems Integration Office (AFS-80) 490 L’Enfant Plaza, Suite 3200 Washington, DC 22024 Phone: (202) 385-4835 Fax: (202) 385-4559
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5. LEGAL QUESTIONS. If you have a legal question or would like to request a legal interpretation, please contact the Office of the Chief Counsel at http://www.faa.gov/about/office_org/headquarters_offices/agc/; or at the address below:
Office of the Chief Counsel International Law, Legislation, and Regulations Division (AGC-200) 800 Independence Avenue, S.W.
Washington, DC 20591 Phone: (202) 267-3073 Fax: (202) 267-7971
6. TRAINING. If you are a government entity and would like to attend an FAA training course, please contact http://www.faa.gov/about/office_org/headquarters_offices/arc/programs/academy/contact/; or at the address below:
AMA-1 Building 12, Room 129 P.O. Box 25082 Oklahoma City, OK 73125 Phone: (405) 954-6900 Fax: (405) 954-3018