Bartholomew 1992

Page 1

July 31, 1992 Cory Bartholomew

Dear Mr. Bartholomew:

This responds to your telephone inquiry of July 30, 1992, in which you asked whether a Federal Aviation Regulations (FAR) Part 135 commercial operator certificate would be required under the following circumstances:

1. The flight would be for compensation.

2. The sole purpose of the flight would be for the aloft disposal of cremated human remains.

3. The flight would carry no one other than the pilot.

4. The flight would carry no cargo.

You also stated that the flight would be conducted at daytime and under VFR conditions, and that the pilot would hold a Commercial Pilot Certificate.

These circumstances appear to describe the type of aerial work operations that are excepted by FAR § 135.1(b) (4); therefore, the FAR would not require the operator to hold a Part 135 certificate.

Sincerely,

CAREY TERASAKI General Attorney 1 In addition, Part 61 of the FAR prohibits anyone other than the holder of an Airline Transport Pilot or Commercial Pilot Certificate to act as pilot in command for compensation or hire. Because the pilot you described would hold a commercial certificate, those provisions of the FAR would be satisfied.