(a) The Administrator may authorize a certificate holder that is
authorized to conduct supplemental or on-demand operations to deviate from
the applicable requirements of this part, part 121, or part 135 of this
chapter in order to perform operations under a U.S. military contract.
(b) A certificate holder that has a contract with the U.S. Department
of Defense's Air Mobility Command (AMC) must submit a request for
deviation authority to AMC. AMC will review the requests, then forward the
carriers' consolidated requests, along with AMC's recommendations, to the
FAA for review and action.
(c) The Administrator may authorize a deviation to perform operations
under a U.S. military contract under the following conditions --
(1) The Department of Defense certifies to the Administrator that the
operation is essential to the national defense;
(2) The Department of Defense further certifies that the certificate
holder cannot perform the operation without deviation authority;
(3) The certificate holder will perform the operation under a contract
or subcontract for the benefit of a U.S. armed service; and
(4) The Administrator finds that the deviation is based on grounds
other than economic advantage either to the certificate holder or to the
(d) In the case where the Administrator authorizes a deviation under
this section, the Administrator will issue an appropriate amendment to the
certificate holder's operations specifications.
(e) The Administrator may, at any time, terminate any grant of
deviation authority issued under this section.