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