Richards-Dynamic Aviation-Helicopters 2018

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U.S. Department of Transportation Federal Aviation Administration

James Richards Office ofthe Chief Counsel Dynamic Aviation - Helicopters Chief Pilot and Director of Operations P.O. Box 1385 Vernal, UT 20591

Dear Mr. Richards:

800 Independence Ave., S.W.

Washington, D.C. 20591 This letter is in response to your July 10, 2018, request for legal interpretation of 14 C.F.R. § 119 .1 (e)(4) regarding aerial work operations, and, in particular, whether wild cow and wild horse chasing are aerial work operations as intended by the regulation. In your letter, you describe an operation wherein you, a certificated commercial helicopter pilot, would operate a helicopter to assist an Indian Tribe to "chase" wild cows and wild horses out of canyons and off mountains towards holding corrals at which point cowboys on horseback would then finish running the livestock into the corrals. An Indian Tribe inspector would accompany you in the helicopter and provide direction with respect to the "chasing" of the livestock.

Generally, each person operating or intending to operate a civil aircraft as an air carrier or . commercial operator in air commerce must hold a part 119 air carrier certificate or commercial operator certificate and operate under part 121 or 135 rules. However, certain operations, including aerial work operations, are excluded from the certification requirements of part 119 (See § 119 .1 (e)(4)). As a result, aerial work operations may be conducted under the less stringent operating rules of part 91.

The FAA has consistently interpreted the term "aerial work" to mean work done from the air with the same departure and destination points, while no property of another is carried on the aircraft, and only persons essential to the operation are carried onboard the aircraft. 1 In the Sharnborska Legal Interpretation (February 5, 2010), the FAA interprets§ l 19.l(e)(4) as 1 See, for example, Legal Interpretation to Angelina Shamborska (February 5, 2010), Legal Interpretation to Jeffrey Hill (March 10, 2011), Legal Interpretation to Ray Bonilla, Esq. (September 7, 2011), and Legal Interpretation to Gregory S. Winton (February 14, 2013).

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containing only a partial list of examples of the exceptions meeting the definition of aerial work operations2.

Chasing livestock, as described in your letter, is closely relatable to "bird chasing" as it appears in§ 119. 1(e)(4)(i). As such, if your operation meets the other criteria for aerial work (as discussed earlier), those operations could be excluded from the certification requirements of part 119 and thus be conducted under part 91. However, based upon the description of your operation as set forth in your letter, we do not have sufficient information to determine whether those other criteria are satisfied.

This response was prepared by Matthew Zappala, Senior Attorney, in the Regulations Division of the Office of the Chief Counsel and coordinated with the General Aviation and Commercial Division of the Flight Standards Service. Please contact us at (202) 267-3073 if we can be of additional assistance.

Sincerely,

A ,-----, . )~ (/I! "-l\('--1" O"L,.<._ ('_,.V LJ r._~ L6relei D. Peter Assistant Chief Counsel for Regulations, AGC-200 2 In a Legal Interpretation to Joe M. Sapp (May 17, 2007), reference is made to a June 26, 1989 FAA Legal Interpretation (Butler, Hickey & Long), which fu rther affirms the examples of aerial work operations cited in the regulation are not exclusive and other aerial work operations not listed may be included in the provision.

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