Total Visitors Online: 19 Total Visitors Today: 387 Total Pages Viewed Today: 558

                             ADVISORY CIRCULAR
 
        AC No:   91-45C 

         Date:   2/1/90
 
      Initiated 
           by:   AFS-20 
 
      Subject:   WAIVERS:  AVIATION EVENTS 
 
      1.   PURPOSE.  This Advisory Circular (AC) provides prospective 
      aviation event sponsors and other interested parties with 
      information necessary to assist in planning and conducting a safe 
      aviation event.  In addition, it provides information on the 
      application process for a Certificate of Waiver or Authorization. 
 
      2.   CANCELLATION.  AC 91-45B, Waivers - Airshows/Contests/Races, 
      dated August 5, 1981, is cancelled. 
 
      3.   RELATED FAR SECTIONS.  Parts 61, 91, 103, and 105. 
 
      4.  FORMS AND REPORTS.  Samples of the following forms are 
      provided in Appendix 1. 
 
           a.  FAA Form 7711-2, Application for Certificate of Waiver 
      or Authorization.  This form can be obtained from the local FAA 
      Flight Standards District Office (FSDO). 
 
           b.  FAA Form 7711-1, Certificate of Waiver or Authorization, 
      will be issued by the FAA FSDO upon approval of FAA Form 7711-2. 
 
      5.   BACKGROUND.  Numerous waivers are issued each year by the 
      Federal Aviation Administration (FAA) for the purpose of aviation
      events or aerial demonstrations.  These waivers are issued based 
      on the FAA policy that anytime the agency determines a proposed 
      event will be in the public interest in terms of safety and 
      environmental concerns, a waiver will be issued predicated on 
      specific requirements of the event.  Regardless of the purposes
      for which an aviation event is sponsored, events or show sites 
      judged unsafe shall not be accepted for waiver or authorization 
      consideration.  Based on the foregoing, this AC is intended to 
      explain many of the requirements necessary when considering the 
      show site, facilities, the level of competence of participants, 
      waivers and/or authorizations required, and other items of 
      concern to the prospective aviation event sponsor. 

      6.   DEFINITION.  Many terms used in this AC are unique to aerial 
      demonstration/aviation events; therefore, the following 
      definitions shall enhance the understanding of their application: 
 
           a.  Aerobatic Flight.  The FAA has determined that for 
      purposes of an aviation event, an aerobatic maneuver means an 
      intentional maneuver in which the aircraft is in sustained 
      inverted flight or is rolled from upright to inverted or from 
      inverted to upright position.  All standard aviation event 
      aerobatic maneuvers such as slow rolls, snap rolls, loops, 
      Immelmanns, cuban eights, spins, hammerhead turns, etc., may not 
      be performed over congested areas or over spectators.  Steep 
      banked, level, climbing, or descending turns necessary during 
      maneuvering between aerobatics are not considered to be aviation 
      event aerobatic maneuvers.  Normal positioning turns for high 
      performance aircraft operated by the military regardless of angle 
      or bank or pitch attitude, are not considered to be aviation 
      event aerobatic maneuvers.  Normal maneuvers, such as steep 
      turns, involved in air racing are not considered aerobatic. 
 
           b.  Aviation Events include airshows, air races, aerobatic
      contests,parachute demonstration jumps, practice areas designated 
      for aerobatic proficiency or training, and balloon meets and 
      races.  Most events are held at or immediately adjacent to an 
      airport.  An increasing number, however, are held offshore 
      (within gliding distance of land), over water, in the vicinity of
      a state fairground, or at other off-airport locations.  Aerobatic 
      school activities or aerobatic meets may occur which are not 
      aviation events, contests, or races, even though a waiver must be 
      issued.  At these school activities or meets that are not 
      advertised as aviation events, it may not be necessary to provide 
      public aviation event policing and emergency facilities. 
 
           c.  Certificate of Waiver or Authorization.  FAA Form 
      7711-1, Certificate of Waiver or Authorization, is issued after 
      proper application and approval, for the purpose of providing 
      TEMPORARY RELIEF from certain designated Federal Aviation 
      Regulations (FAR). 
 
           d.  Control Point.  A specified location where the show 
      sponsor, a designated representative, or safety director manages 
      the aviation event.  The communications capability necessary to 
      control the aviation event must also be located at this site. 
 
           e.  Crowd Line.  A physical barrier or a line marked on the 
      ground which, with added policing, serves as a restraining line. 
      The crowd line is placed at a specified distance from the 
      showline.  The barrier must prevent spectators or other 
      nonparticipants from encroaching upon the showline. 
 
           f.  Inspector-in-Charge.  The FAA inspector-in-charge is an 
      individual who conducts the feasibility study (if needed), 
      participates in the preseason evaluation meeting, evaluates the 
      application for waiver or authorization, recommends issuance or 
      denial, and who conducts the surveillance of the aviation event.
 
           g.  Markers used in balloon competition tasks for dropping 
      or marking targets are small flour bags, with a maximum weight of 
      3 ounces and a fabric tail 4 inches wide and 6 feet long.  The 
      international standard for markers is 100 grams maximum weight,
      with a tail 10 cm wide and 2 meters long.  Markers made to this 
      specification should not injure persons or damage property. 
 
           h.  The Primary Spectator Area is the main area provided by 
      the sponsor for spectator use.  This is the area where the public 
      can generally be expected to view the airshow. 
 
           i.  The Secondary Spectator Area may be any other area where 
      persons have a natural tendency to gather to observe the event. 
      This is generally an area opposite the showline from the primary 
      spectator area or a road, etc.  Secondary Spectator Areas should 
      be agreed upon by the show sponsor and the FAA 
      inspector-in-charge before the aviation event begins.  These are 
      areas where it is usually not possible to eliminate the presence 
      of people. 
 
           j.  Show Center is a reference point along the showline 
      denoting the center of the operating area. 
 
           k.  A Showline is a prominent, readily-visible ground 
      reference such as a river, runway, taxiway, canal, breakwater, 
      road, or any straight line that enhances pilot orientation during 
      aerobatic routines (Appendix 1, Figure 1).  The showline also 
      serves as the horizontal axis for the show.  Snow fences spread 
      flat on the ground may also make acceptable references depending 
      on the visual contrast.  Lines of parked buses, cars, or boats, 
      although less desirable, may be the only alternatives when 
      natural showlines are not available. 

           l.  A Show Season generally runs from April through October 
      of a given year.  Geographical and climatological circumstances 
      can lengthen or shorten the show season. 
 
           m.  A Waiver is an official document issued by the FAA which
      authorizes certain operations of aircraft in deviation from a 
      regulation, but under conditions ensuring an equivalent level of 
      safety. 
 
      7.   DISCUSSION. 
 
           a.  Scope of Waivers.  Waivers vary insofar as the rules 
      that are requested to be waived.  Some events require nothing 
      more than waiving FAR Section 91.71(d) to permit aerobatic flight 
      at less than 1,500 feet above the surface.  Others may require 
      waiving aircraft speed limitations, minimum safe altitudes, or 
      limitations while operating in the vicinity of airports or even 
      with a Terminal Control Area (TCA). 
 
           b. A request for a waiver of the basic Visual Flight Rules 
      weather minimums specified in FAR Section 91.105 shall be 
      considered only -- 
 
                (1)  In areas where the entire event can be conducted 
      with Air Traffic providing separation between participating 
      aircraft and nonparticipating aircraft, and 
 
                (2)  When provisions ar made to advise participants of 
      uncontrolled aircraft that may present a hazard.  This does not 
      imply that Air Traffic assumes the responsibility for providing 
      separation of performing aircraft. 
 
           c.  Regulations Affected.  A sponsor should consider factors 
      that directly affect the rules to be waived.  These include show
      site, type of aircraft maneuvers to be performed, etc.  Sections 
      of the FAR that should be waived for some other events in certain 
      locations or that are more complex are: 
 
                (1)  FAR Section 91.70, Aircraft speed.
 
                (2)  FAR Section 91.79(b) and (c), Minimum safe 
                     altitude. 
 
                (3)  FAR Section 91.85, Operating on or in the vicinity 
                     of an airport. 
 
                (4)  FAR Section 91.87, Operations at airports with 
                     operating control towers. 
 
                (5)  FAR Section 91.89, Operations at airports without 
                     operating control towers. 
 
                (6)  FAR Section 91.90, Terminal control areas. 
 
           d.  Regulations that May or May Not Be Waived.  FAR Section 

 
      91.79(a) SHALL NOT BE WAIVED FOR AERIAL DEMONSTRATION PURPOSES. 
      FAR Sections 91.79(b) and (c) may be waived only when the 
      following conditions are met. 
 
                (1)  A waiver of the requirements of FAR Sections 
      91.79(b) and (c) is issued for aerial demonstrations by the U.S. 
      Air Force "Thunderbirds," the U.S. Navy "Blue Angels,"  tactical 
      aircraft demonstrations approved by the appropriate military 
      command, and the Canadian "Snowbirds."  These performers or teams 
      have Command-approved maneuver packages that are submitted to and 
      approved by the FAA.  These maneuver packages describe normal
      routines that do not call for aviation event aerobatic maneuvers 
      over congested areas, over persons, or over the primary or 
      secondary spectator areas. 
 
                (2)  A waiver may be issued to performers, other than
      those covered in the preceding paragraph, to transition a 
      congested area at less than the minimum altitudes described in 
      FAR Sections 91.79(b) and (c) in nonaerobatic flight.  The 
      ingress and egress to the aerobatic/fly-by area must be in 
      compliance with the following: 
 
                     (i)  Aerobatic demonstration -- 
 
                          (A)  During ingress (Appendix 1, Figure 2) to 
      the aerobatic area from flight above a congested area, the pilots 
      are expected to leave the altitude being flown as described above 
      so that a smooth transition may be made to the performance 
      altitude in the aerobatic area.  Steep approaches may be made; 
      however, in no case shall the descent angle to the aerobatic area 
      be less than that required for a normal approach for a landing 
      for the aircraft involved. 
 
                          (B)  During egress (Appendix 1, Figure 3) 
      from the aerobatic area for flight above a congested area, the 
      pilots are expected to climb at a rate consistent with a safe 
      operation or the best angle of climb pitch attitude for the 
      aircraft involved.  If prolonged flight over a congested area is 
      required, the climb shall be continued to at least 1,000 feet 
      above the highest obstacle within a horizontal radius of 2,000 
      feet of the aircraft.  During the positioning turns above the 
      congested area, there shall be no aviation event aerobatic 
      maneuvers performed. 
 
                     (ii)  Fly-by Demonstrations --

                          (A)  During ingress (appendix 1, Figure 2) to
      the fly-by area from flight over a congested area, pilots are
      expected to leave the altitude flown above the congested area so
      that a smooth transition may be made to the fly-by altitude in
      the fly-by area.  Steep approaches may be made; however, in no
      case shall the descent angle to the fly-by area be less than that