My name is Jamie, and I am a commercial pilot. I am the founder and President of A Journey With Wings. My company scatters cremated remains by airplane. We have provided this service to the Southern California area for 20 years. I often get asked, “How do I scatter ashes from an airplane?” It’s a complicated issue that requires a deeper dive.
There are two main components to scattering cremated remains from an airplane. One involves the legal aspects of scattering cremated remains from an airplane, which is often complex due to the governing agencies involved. The second is the physical act of performing the scattering.
First, let’s look at the legality of scattering cremated remains from an airplane. The FAA does not specifically address scattering cremated remains in its regulations. We need to follow the regulations and delve into the interpretations to more fully understand the FAA’s position on scattering ashes from an airplane.
The area in the FARs that starts to address scattering cremated remains by airplane is Part 91.15 Dropping objects. No pilot in command of a civil aircraft may allow any object to be dropped from that aircraft in flight that creates a hazard to persons or property.
However, this section does not prohibit the dropping of any object if reasonable precautions are taken to avoid injury or damage to persons or property. There is no specific FAR that addresses cremated remains. However, we can turn to Letters of Interpretation from the FAA to determine that the FAA has addressed scattering cremated remains as an accepted activity. The letters don’t address the legality of scattering, but it is assumed because they go further and address whether the act of scattering cremated remains is Part 91 or Part 135.
This is an excerpt from a letter to Charles Harris, Esq., in 2009: “The Chief Counsel has determined that the disposal of cremated human remains for compensation is an aerial work operation excepted by Section119.1(e) from the requirement that the operator hold a certificate authorizing operation under Part 135.”
We can assume that the FAA considers the spreading of cremated remains an accepted activity and that it is done under Part 91 if done for hire. The letter to Jamie Tanabe dated September 17, 2009 from the Los Angeles Flight Standards District office states: “As we discussed on September 17, 2009 the spreading of human and animal remains from an aircraft is an activity the Federal Aviation Administration has determined may be accomplished under Part 91 of the Federal Aviation Regulations.” So in other words, Part 91 is commercial air work. And if you are doing this for compensation, you need a commercial license.
Besides the FAA regulations, there are various other regulations that govern scattering of cremated remains. There are EPA regulations as well as State and local laws. For example, where I am in California you have to have a Burial Permit issued from the County Health Department for the scattering. Often, the existing burial permit needs to be amended to reflect where the ashes will be spread. In California, you must apply for and maintain a Cremated Remains Disposer permit. If you plan to scatter over land in California, you will need written permission from the land owner or governing agency. This is not true for every state. You need to know and follow the laws in your area. You do not want to find out that, although you were successful with completing the scattering, you broke the law.
Now that we know the legality of it, let’s talk about how to accomplish it. First of all, I strongly suggest that you do not do this for the first time with a loved one’s cremated remains. It most likely won’t go well. You do not need to hang around an airport too long to hear horror stories of people trying to scatter ashes from an airplane, and it almost never goes well. When other pilots hear that I do this professionally, they can’t wait to tell me stories of scatterings gone wrong. It would be funny if it weren’t also sad. I would encourage you to practice before trying it for the first time.
Cremated remains do not have the consistency of campfire ashes. They come in many forms. They are often coarse, like kitty litter, but sometimes they are fine, like powder. It is helpful to practice with something that has the same consistence of the cremated remains you are scattering.
Also, think about how the air circulates around inside an airplane. If you try to just empty a bag of cremated remains out the window or door, you will most likely have them blow right back in at you. You and your cabin will end up covered in the ashes you were trying to scatter. You will be cleaning the cremated remains off of you and your airplane for a long time. It will not be a memory that you cherish.
Next, think about the slipstream – the layer of air that rotates around your airplane in flight. The slipstream will circulate the cremated remains around your airplane if you do not get them past that boundary layer. The slipstream could send the cremated remains right back into the cockpit or onto the side of your plane, or worse, into the moving parts of your horizontal or vertical stabilizer. If the cremated remains are coarse, they could remove paint.
So how do you get the cremated remains past the boundary layer? Well, that depends on what type of airplane you have. Each aircraft model is different. I patented a device that works wonderfully in my high wing Cessna. You can contact me to purchase the device or you can experiment on your own. The critical thing is for you to get the cremated remains past the boundary layer. There are many different ways that this can be done. I have performed scatterings from a few different aircraft. The following AOPA article may give you some ideas: https://www.aopa.org/news-and-media/all-news/2018/may/pilot/technique-spreading-ashes
After you have found what method works best for you and you have practiced with something that has the same consistency as the cremated remains you are going to scatter, you need to prepare the actual cremated remains for scattering. You can’t just take the urn that holds the cremated remains and scatter directly from it. The cremated remains are usually inside a plastic bag within the urn. The plastic bag is typically closed with a zip tie. There is usually a metal identification disc inside the urn as well. If this metal disc is not secured to the outside of the bag on the zip tie, it will be inside the bag with the cremated remains. You need to find it and remove it. Referring back to Part 91.15, you should not drop this metal object from a plane as it could injure someone on the ground. Also, there may be other metal objects mixed in with the cremated remains. If the deceased had metal objects inside their body, they will not be cremated, and they may end up inside the bag of cremated remains. You must remove these objects before scattering.
Is this all a little too much? I can help. I offer a consultation service that will help you safely and legally perform a one-time scattering. If you use a Cessna, the consultation service includes the scattering device. If you do not use a Cessna, it includes advice on other options we have tried in other aircraft. The consultation service also includes my assistance to determine the laws in your area so that you can complete the scattering legally.
If you are looking to start a scattering service of your own, I have a business consultation service that also includes ongoing mentoring on the business elements critical to a successful scattering service. I will pass along pearls that I have learned over the years so you can have quicker success and avoid some of the pitfalls that I had to navigate.
I hope this blog helped you understand how to scatter cremated remains from an airplane. It is a complex issue both physically and legally. I hope I helped you understand what you are getting into. Please do not do this without practicing first. You do not want to end up with the ashes of the person you are trying to scatter all over you, your cockpit, and your airplane.
With some care, research, and practice you can successfully scatter cremated remains from an airplane.