13 Figure 1. Decision Flowcharts for PAO (Continued) Decision Flowchart for State Government Aircraft Operations Section 40102(a)(41)(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 (as determined by the Attorney General of the State) of one of these governments.
Section 40102(a)(41)(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 (as determined by the Attorney General of the State) of one of these governments.
*Citation:
Section 40125(a)(3) Qualified noncrewmember – The term “qualified noncrewmember” means an individual, other than a member of the crew, aboard an aircraft:
(B) whose presence is required to perform, or is associated with the performance of, a governmental function.
14 13 AC FEEDBACK FORM. For your convenience, the AC Feedback Form is the last page of this AC. Note any deficiencies found, clarifications needed, or suggested improvements regarding the contents of this AC on the Feedback Form.
ORIGINAL SIGNED by /s/ Rick Domingo Executive Director, Flight Standards Service
Appendix A A-1 APPENDIX A. PUBLIC AIRCRAFT STATUTE Note: The official statute may be viewed on the website of the Government Printing Office (GPO) at http://www.gpo.gov/fdsys/browse/collectionUScode.acti on?collectionCode=USCODE.
Excerpt from 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 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) C ommercial 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
Appendix A A-2 (including natural resources) and that no service by a private operator is reasonably available to meet the threat.
(2) G overnmental 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) Qua lified 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) A rmed 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) I n 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 title 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.
Appendix A A-3
(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) t here are extraordinary circumstances;
(2) t he 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.
Appendix B B-1 AP PENDIX B. CONTACT INFORMATION B .1 FLIGHT STANDARDS DISTRICT OFFICES (FSDO). If you have a question regarding the application of the information in this AC, please contact your appropriate FSDO. A list of FSDOs and the areas they serve is available on the FAA website at http://www.faa.gov/about/office_org/field_offices/fsdo/.
B.2 POLICY QUESTIONS. If you have an operational policy question, please contact the General Aviation and Commercial Division at https://www.faa.gov/about/office_org/head quarters_offices/avs/offices/afx/afs/afs800/; or at the address below:
General Aviation and Commercial Division (AFS-800) 800 Independence Ave., SW Washington, DC 20591 Phone: 202-267-1100 B.3 AIRWORTHINESS OR MAINTENANCE POLICY QUESTIONS. If you have an airworthiness or maintenance policy question, please contact the Aircraft Maintenance Division at https://www.faa.gov/about/office_org/headquarters_offices/avs/offices/afx/afs /afs300/; or at the address below:
Aircraft Maintenance Division (AFS-300) 5th Floor, 950 L’Enfant Plaza, SW Washington, DC 20024 Phone: 202-267-1675 B.4 UAS QUESTIONS. If you have a UAS question, please contact the Unmanned Aircraft Systems Safety and Integration Division (AUS-400) at https://www.faa.gov/uas/; or at the address below:
Unmanned Aircraft Systems Safety and Integration Division (AUS-400) 490 L’Enfant Plaza, Suite 3200 Washington, DC 22024 Phone: 844-359-6982 B.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 (AGC) at http://www.faa.gov/about/office_org/headquarters_offices/agc/; or at the address below:
Office of the Chief Counsel Regulations Division (AGC-200) 800 Independence Ave., SW Washington, DC 20591 Phone: 202-267-3073
Appendix B B-2 B.6 TRAINING. If you are a government entity and would like to attend an FAA training course, please contact the FAA Academy (AMA-1) at http://www.faa.gov/about/office_o rg/headquarters_offices/arc/programs/academy/contact/; or the Mike Monroney Aeronautical Center (MMAC) at the address below:
Federal Aviation Administration AMA-1 Building 12, Room 129 P.O. Box 25082 Oklahoma City, OK 73125 Phone: 405-954-6900
Advisory Circular Feedback Form If you find an error in this AC, have recommendations for improving it, or have suggestions for new items/subjects to be added, you may let us know by contacting the General Aviation and Commercial Division (AFS-800) at 9-AFS-800-Correspondence@faa.gov or the Flight Standards Directives Management Officer at 9-AWA-AFS-140-Directives@faa.gov.
Subject: AC 00-1.1B, Public Aircraft Operations—Manned and Unmanned Date: _____________________ Please check all appropriate line items:
An error (procedural or typographical) has been noted in paragraph ____________ on page _______.
Recommend paragraph _____________ on page __________ be changed as follows:
______________________________________________________________________ ______________________________________________________________________ In a future change to this AC, please cover the following subject:
(Briefly describe what you want added.)
______________________________________________________________________ ______________________________________________________________________ Other comments:
______________________________________________________________________ ______________________________________________________________________ I would like to discuss the above. Please contact me.
Submitted by: Date: ______________________