9-7 Note: For additional information on the evaluation/certification of a part 125 applicant/operator’s maintenance capabilities, refer to the FAA’s Web site at http://fsims.faa.gov.
10-1 CHAPTER 10. DEVIATION AUTHORITY
10.1 Scope and Contents. This chapter outlines the types of deviation authority authorized and the action necessary to apply for deviation authority.
10.2 Deviation Authority. Deviation authority authorized under 14 CFR part 125, § 125.3 can be granted for:
1. Granting an A125 Letter of Deviation Authority (LODA) authorizing deviation as described in 14 CFR part 119, § 119.23 and § 125.5, from the requirement to hold a certificate and operations specifications (OpSpecs). The holder of a LODA is identified in the Web-based Operations Safety System (WebOPSS) as an A125 LODA holder or “125M” operator. Section 125.5(a) still requires an A125 LODA holder to comply with part 125 with the exception of deviations and exemptions listed in the operator’s letter of authorization (LOA) paragraph A005.
2. Granting a certificate holder LODA authorizing deviations from specified sections of part 125. These deviations are listed in OpSpec/LOA A005.
3. Granting a LODA deviation authorizing Special Flight Authorization (SFA).
Certificate and LODA holders may be issued an SFA for limited flight operations within a specific timeframe. The SFA is issued via WebOPSS as part of a certificate holder’s OpSpecs or among the LOAs for an A125 LODA holder.
4. Granting LODAs authorizing parachute, museum, and airplane leasing/manufacturer operations.
10.3 Letter of Deviation Authority (A125 LODA).
10.3.1 Deviation from Requirements. An A125 LODA is the authority to deviate from the requirement to hold an air operator certificate and the OpSpecs associated with that certificate as described in §§ 119.23(a) and 125.5. This deviation authority is granted in accordance with § 125.3. The A125 LODA holder must comply with all other sections of part 125 with the exception of § 125.5. Authorizations for an A125 LODA holder will be granted via a LOA.
10.3.2 Noncommercial Operations. The A125 LODA provides relief from the requirements to hold a certificate and OpSpecs for noncommercial operations. The A125 LODA assures the safety intent of the operating rule while granting certification relief to corporate and private use operators. Operation under an A125 LODA is authorized when the operations are noncommercial in nature. Noncommercial operations, as they relate to the A125 LODA, are defined as:
• Operations in which persons or cargo are transported without compensation or hire;
or
• Operations that do not involve the transportation of persons or cargo.
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10.3.3 Private Carriage. The A125 LODA may also be issued when the operator conducts compensation operations not involving common carriage (private carriage). Carriage for hire which does not involve “holding out” is considered private carriage. Such compensation operations should only be conducted in accordance with the following:
1. Aerial work operations such as aerial photography or survey, or pipeline patrol, but not including firefighting operations.
2. Flights for the demonstration of an airplane to prospective customers when no charge is made except for those specified in expenses below.
3. Flights conducted by the operator of an airplane for his personal transportation, or the transportation of his guests when no charge, assessment, or fee is made for the transportation.
4. Carriage of officials, employees, guests, and property of a company on an airplane operated by that company, or the parent or a subsidiary of the company or a subsidiary of the parent, when the carriage is within the scope of, and incidental to, the business of the company (other than transportation by air) and no charge, assessment or fee is made for the carriage in excess of the cost of owning, operating, and maintaining the airplane. The exception is that no charge of any kind may be made for the carriage of a guest of a company, when the carriage is not within the scope of, and incidental to, the business of that company.
5. The carriage of company officials, employees, and guests of the company on an airplane operated under a time sharing, interchange, or joint ownership agreement as specified in category below.
6. The carriage of property (other than mail) on an airplane operated by a person in the furtherance of a business or employment (other than transportation by air) when the carriage is within the scope of, and incidental to, that business or employment and no charge, assessment, or fee is made for the carriage other than those specified in expenses below.
7. The carriage on an airplane of an athletic team, sports group, choral group, or similar group having a common purpose or objective when there is no charge, assessment, or fee of any kind made by any person for that carriage.
8. The carriage of persons on an airplane operated by a person in the furtherance of a business other than transportation by air for the purpose of selling them land, goods, or property, including franchises or distributorships, when the carriage is within the scope of, and incidental to, that business and no charge, assessment, or fee is made for that carriage.
10.3.4 Request for an A125 LODA. An applicant seeking an A125 LODA must submit a request for A125 LODA deviation authority at least 60 calendar-days prior to the date the applicant plans to begin operations (refer to § 125.3(c)). The written request must declare that no operations conducted with the airplane listed in the request will be used for compensation or hire.
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10.3.5 Compliance Plan. The Flight Standards District Office (FSDO)/certificate-holding district office (CHDO) will scrutinize each operator and the circumstances of the proposed operation to determine if granting the A125 LODA is appropriate. If the applicant is eligible for the A125 LODA, they should present a written plan to the FSDO/CHDO. The plan should outline how they will comply with the requirements of each section of part 125 as listed in the LODA. The A125 LODA will be issued at the FSDO level.
10.3.6 Additional Deviations. Any additional deviations from part 125, besides the deviation from §§ 119.23(a) and 125.5, must be authorized in the A125 LODA holder’s LOA A005, Exemptions and Deviations.
10.4 Part 125 Deviation.
10.4.1 List of Deviations. A list of permitted part 125 deviations can be found in Maintain Operator Data—Deviations area of WebOPSS for authorization in OpSpec/LOA A005.
These deviations have been authorized by FAA headquarters (HQ) (Commercial Operations Branch (AFS-820)) and can be approved at the FSDO level. Requests for deviations not listed in WebOPSS Deviations must be forwarded to FAA HQ (AFS-820) along with the justification and any supporting documents. FAA HQ (AFS-820) will either approve or reject the request. If FAA HQ approves the deviation sought, the deviation will be entered into WebOPSS at the HQ level and will become available to assign to an operator. If the request for deviation is rejected, FAA HQ (AFS-820) will notify the FSDO/CHDO.
10.4.2 Authorizing Deviations. A certificate holder or an A125 LODA holder may apply for a deviation from certain sections of part 125. The requestor must submit a specific request to its CHDO/FSDO. The requestor must identify, in writing, the specific regulatory section(s) from which a deviation is requested. The request must contain the specific reasons for the deviation request, including information to show that an equivalent level of safety will be maintained, and any other information the FAA may require. An entity seeking deviation authority from one or several sections of part 125 must file the request at least 60 calendar-days before the date of intended operations. The requestor may not deviate from Federal regulations until the authority is granted and the deviation is authorized through the issuance of OpSpec/LOA A005 to the certificate holder or A125 LODA holder.
10.5 Special Flight Authorization (SFA) and Special Flight Permit (SFP).
10.5.1 SFA LODA. The FSDO issues an SFA LODA through WebOPSS when a particular operation is infrequent and involves a defined short period. The limitations on the operation vary depending on the type of operation. The SFAs for part 125 are: A510, SFA for Ferry Flights; A511, SFA for Sales Demonstration Flights; and A512, SFA for Training Flights.
10.5.2 SFP. SFPs are issued to the operator of an aircraft that may not currently meet the applicable airworthiness requirements, but is capable of safe flight (refer to § 21.197 and § 21.199).
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10.6 Parachute, Museum, and Airplane Leasing/Manufacturer Operations Deviations.
10.6.1 Application. The operator must apply in writing to the local FSDO or CHDO (in accordance with § 125.3) stating that they are engaged in, or planning to engage in, either parachute, museum, or airplane leasing/manufacturer operations, and are requesting authorization for a LODA. To qualify for a museum LODA, the museum must be established for the purpose of exhibiting and operating historic aircraft and hold a determination from the U.S. Internal Revenue Service (IRS) that it is a 501(c)(3) nonprofit, tax-exempt, charitable organization or be approved by the General Aviation and Commercial Division (AFS-800).
10.6.2 Verification and Issuing the LODA. The principal operations inspector (POI)/FSDO will verify that the operator is engaged in or is planning to engage in the operation from which they are seeking LODA relief. The POI/FSDO will verify that the operator can comply and is willing to comply with the conditions and limitations listed in the LODA. After verification, the FSDO should submit a written request to AFS-800 for authorization to issue the LODA sought. Upon receipt of the FSDO’s request, AFS-800 will complete the standard LODA memorandum and issue it to the FSDO. Upon receipt of the memorandum, the FSDO will comply with the instructions of the standard memorandum and issue the standard LODA to the operator.
Note: Each operator holding a LODA issued under part 125 must carry a true copy in each of the airplanes that are applicable to the issued LODA.
A-1 APPENDIX A. RECOMMENDED MANUAL FORMAT
PREFACE PAGE A preface page containing a brief statement signed by a person in company management (preferably the president), which outlines the purpose of the manual and emphasizes that company management wants the policies and procedures to be followed, should be inserted as the first page of the manual.
REVISION PAGE Title 14 CFR part 125, § 125.73 requires that each revised page of the manual has the revision number and date of the last revision.
Publishing a list of effective pages which shows the current revision number for each page has proven to be an effective method for maintaining a current manual per § 125.7l(a). This page can be inserted following the preface page.
TABLE OF CONTENTS A table of contents should be included which lists the major topics in each chapter and the appropriate page number. The contents of each of the following chapters are discussed in Chapter 7 beginning with paragraph 7.3.
CHAPTER 1 – Company Organization.
CHAPTER 2 – Operations Specifications.
CHAPTER 3 – Minimum Equipment List.
CHAPTER 4 – Airplane Loading Instructions.
CHAPTER 5 – Preflight Planning and Flight Release Procedures.
CHAPTER 6 – Procedures for Assuring Airworthiness of Airplanes.
CHAPTER 7 – Pretakeoff Procedures.
CHAPTER 8 – Flight Operation Procedures.
CHAPTER 9 – Post-Flight Procedures.
CHAPTER 10 – Emergency Procedures.
CHAPTER 11 – Airplane Inspection Program.
APPENDICES The appendices may be used to include other information the certificate holder wants to have available to his/her personnel, such as a copy of part 125, etc.
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.
Subject: AC 125-1A, Operations of Large Airplanes Subject to 14 CFR Part 125 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: ______________________